California Attorney General Rob Bonta has settled with four plastic bag producers after an investigation into whether the bags they sold in California are recyclable.
The settlement involves Revolution Sustainable Solutions LLC, Metro Poly Corp., PreZero US Packaging LLC and Advance Polybag Inc. to resolve alleged violations of Senate Bill 270, the Environmental Marketing Claims Act, the False Advertising Law and the Unfair Competition Law stemming from the unlawful sale of non-recyclable plastic bags in California.
Bonta also announced a lawsuit against Novolex Holdings LLC, Inteplast Group Corp., and Mettler Packaging LLC alleging violations of the same laws and seeking monetary penalties, disgorgement, and injunctive relief.
According to Bonta, the manufacturers named in the settlement and lawsuit have provided billions of plastic bags used by California grocery retailers and have certified that these bags meet recyclability requirements. However, the plastic bags do not appear to be recyclable.
Bonta launched an investigation in 2022 into producers of plastic bags over their recyclability claims. His office sent demand letters requiring producers to substantiate their claims that their bags are recyclable, including evidence supporting self-certifications of the bags’ recyclability, use of the “chasing arrows” symbol and t claims relating to recyclability.
As part of today’s settlement, Revolution, Metro Poly, PreZero, and API have agreed to halt plastic bag sales in California and collectively pay $1.7 million, which includes $1.1 million in civil penalties and $636,250 in attorney fees and costs.
Bonta’s lawsuit against Novolex, Inteplast and Mettler Packaging follows investigative subpoenas to the plastic bag producers, which showed their bags were not recyclable in the state. The producers were unable to produce documents with information regarding the quantity of plastic bags that are recycled at the producers’ own facilities, provide firm evidence that recycling facilities in California recycle plastic bags or identify the percentage of plastic bags the producers sold to stores in California that were recycled, according to Bonta’s office.
In his lawsuit, Bonta is seeking monetary penalties, disgorgement and injunctive relief.
Topics California
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