AUSTRALIA – The Australian Competition and Consumer Commission (ACCC) has initiated legal action against Clorox Australia, the manufacturer of GLAD-branded kitchen and garbage bags, for allegedly misleading consumers about the composition of its products.
The ACCC has filed proceedings in the Federal Court, accusing Clorox of falsely claiming that its GLAD Kitchen Tidy Bags and Garbage Bags were made from 50% recycled “ocean plastic” collected directly from the ocean or sea.
According to the ACCC, the bags were actually made from plastic sourced from communities in Indonesia, located up to 50km away from the shoreline, and not directly from ocean or sea waste. This alleged misrepresentation violates the Australian Consumer Law.
Gina Cass-Gottlieb, Chair of the ACCC, expressed concern that Clorox’s packaging and marketing, which prominently featured “ocean plastic” claims and imagery, misled consumers into believing the products were more environmentally friendly than they actually were.
She emphasized that consumers are increasingly making purchasing decisions based on environmental considerations and need accurate information to do so.
Cass-Gottlieb highlighted the importance of businesses providing truthful environmental claims, as false or misleading representations can disadvantage competitors making genuine environmental efforts and undermine consumer trust.
The ACCC’s action follows the withdrawal of both GLAD Kitchen Tidy Bags and Garbage Bags from supply to retailers in July 2023.
This legal action against Clorox comes on the heels of a similar investigation into MOO Premium Foods, a yoghurt manufacturer, which was required to remove all “ocean plastic” claims from its packaging following ACCC scrutiny.
MOO agreed to a court-enforceable undertaking acknowledging that its use of the term “100% ocean plastic” likely breached the Australian Consumer Law.MOO has since committed to removing this term from its packaging, social media, and website.
The Australian Consumer Law (ACL) safeguards consumer rights and prohibits false or misleading representations, ensuring that businesses uphold transparency and accuracy in their marketing and product claims.
ACCC Commissioner Liza Carver highlighted the findings of their investigation into MOO Premium Foods, revealing that the plastic resin used in MOO’s yoghurt packaging was sourced from coastal areas in Malaysia, not directly from the ocean.
The ACCC noted that disclaimers provided by MOO on the top and back of the yoghurt tubs were insufficient to justify the prominent use of the term ‘100% ocean plastic’ in the packaging headline.
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