California settles lawsuit over false recyclability claims on plastic bags

USA — The California Department of Justice (DOJ) has concluded a three-year investigation into four plastic bag manufacturers, Revolution Sustainable Solutions, Metro Poly, PreZero US Packaging, and Advance Polybag, for allegedly making false recyclability claims and selling non-recyclable plastic bags in violation of state law.

The DOJ found that the companies’ products, previously certified as recyclable under California Senate Bill 270 (SB 270), were not recyclable through any available municipal or commercial recycling stream in the state.

As part of the settlement, the companies agreed to cease selling plastic bags in California and collectively pay US$1.75 million, including US$1.12 million in civil penalties and US$636,000 in legal fees.

California Attorney General Rob Bonta emphasized that the violations contributed to “billions of plastic bags ending up in landfills, incinerators, and the environment instead of being recycled as claimed.”

A DOJ spokesperson told Packaging Insights, “With respect to SB 270, compliance requires that producers stop selling plastic grocery bags because they are not recyclable in California. The settlements, pending court approval, include mechanisms to ensure they follow through.”

The investigation revealed that none of the companies could provide documentation verifying that their plastic bags were recycled either at their facilities or by external recyclers.

Recycling reality check

A survey conducted by the DOJ found that out of 69 recycling facilities across California, only two reported accepting plastic bags, but neither could confirm actual recycling of the material.

Based on these findings, the DOJ concluded that plastic grocery bags are not recyclable within the state’s infrastructure despite being marketed as such.

Following this case, Attorney General Bonta filed a new lawsuit against Novolex Holdings, Inteplast Group, and Mettler Packaging, accusing them of similarly misleading recyclability claims.

The DOJ said it remains committed to combating “greenwashing” and enhancing public understanding of the state’s limited plastic recycling capabilities.

“In addition to enforcement actions, we’re ensuring Californians understand the dismal state of plastics recycling, not just bags, but all plastics,” the DOJ spokesperson explained.

Attorney General Bonta has previously taken legal action against ExxonMobil for misleading the public about plastic recyclability and continues to pursue cases targeting deceptive sustainability marketing across the fossil fuel and petrochemical sectors.

Earlier this year, environmental law group ClientEarth also accused Nestlé Poland of greenwashing over “misleading” recycling claims on bottled water packaging, underscoring global scrutiny over false environmental marketing.

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