A class action lawsuit was filed earlier this month against the makers of Hefty Recycling bags alleging that their bags are not recyclable.
On the back of the box, the company claims the “bags are perfect for all your recycling needs.” And in a commercial on the Hefty website, they show that the bags can be filled with recyclables and put out at the curb or in your recycle box.
Click above to watch ad
*MOUSE PRINT:
The disclaimer, which is only on the screen for two seconds, says you need to check with your locality if you are actually allowed to put recyclables in plastic bags for pickup curbside. And an inconspicuous statement on the back of their boxes says that the product was developed for use in municipal recycling programs where applicable.
According to various recycling information sites, only a small number of cities and towns allow it because plastic bags tend to get caught in the sorting machines.
Although neither the product box nor the advertising explicitly says the bags themselves are recyclable, the lawyers contend that because the bags are explicitly used for recycling purposes that consumers will reasonably infer that the bags themselves are recyclable too. They also say that bags are made of a type of plastic that for practical reasons is not recyclable and may wind up in a landfill along with their contents.
Under the FTC’s Green Guides, sellers cannot claim directly or indirectly that their products are recyclable when such is not the case.
§ 260.12 Recyclable Claims.
(a) It is deceptive to misrepresent, directly or by implication, that a product or package is recyclable.
Reynolds, the maker of Hefty bags, did not respond to a request for comment in published stories.
We will have to wait to see if the company is able to get the case tossed out.
