The City of Philadelphia alleges that Bimbo Bakeries and S.C. Johnson & Son have deceived Philadelphia consumers with advertising about the recyclability of their plastic products
PHILADELPHIA – Today, the City of Philadelphia, with co-counsel Hausfeld LLP, filed a lawsuit against Bimbo Bakeries, a bakery product manufacturing company, and S.C. Johnson & Son, a manufacturer of household supplies including Ziploc plastic storage bags. Both companies sell plastic bags or products packaged in plastic bags. The lawsuit alleges that the companies have misled consumers by deceptively advertising that their single-use plastic bags (made of “plastic film”) are recyclable.
According to the lawsuit, the named companies print “chasing arrows,” a symbol universally recognized for recycling, on their packaging to mislead consumers into thinking that their single-use plastic film products and packaging are recyclable. On some products, packaging may indicate that the plastic film can be brought to a local supermarket for recycling, whereas others simply include the recycling symbol. Both labeling mechanisms are misleading, because plastic bags are not recyclable in the way that ordinary consumers expect when something is labeled as recyclable. Most consumers believe that is not true with respect to plastic film products or packaging, which cannot be reprocessed through Philadelphia’s municipal recycling system and overwhelmingly end up going to waste when consumers try to recycle them—even when consumers try to recycle them through store drop-off programs.
Due to the high rate of consumption of these companies’ products combined with confusion around the proper method of disposal, plastic film produced by these companies has become a very common contaminant in the Philadelphia recycling system. The presence of non-recyclable packaging at Philadelphia’s recycling plants reduces efficiency and causes damage to City infrastructure, leading to greater operational costs and increased waste. Meanwhile, the companies gain profit by deceiving consumers who believe that they are shopping consciously to reduce waste.
“Philadelphia residents want clean and litter-free streets, and many are doing their part to reduce waste by recycling and shopping sustainably,” said Mayor Cherelle L. Parker. “Companies that label their products with the goal of implying their product is recyclable when it isn’t are not just breaking the law, but they are violating public trust and contributing to waste.”
“As Philadelphians shift to a more socially and environmentally conscious culture of consumption, companies like Bimbo and S.C. Johnson have manipulated the good intentions of shoppers by intentionally misleading their customers to believe that they are purchasing a product that results in less or no waste when processed through the local recycling system,” said Renee Garcia, City Solicitor. “These companies have failed to be transparent with shoppers about their packaging while maintaining a marketing strategy that is known to misinform and confuse the public about the recycling process. These practices violate the law, deceive consumers, and contribute to environmental pollution and the disruption of recycling operations, costing the City thousands of dollars every year in remediation.”
“Mislabeling products so consumers believe they are recyclable contributes to a contaminated waste stream,” said Carlton Williams, Director, Office of Clean and Green Initiatives. “Residents place these products out with their recyclables with the belief they are helping to support the City’s recycling efforts. The inclusion of these items creates less efficient work productivity as more time is spent on sorting and removing the items from materials that can actually be captured as recyclable.”
Through this lawsuit, the City of Philadelphia is seeking relief in the form of an injunction ordering the companies to revise their marketing for transparency around the recyclability of their plastic packaging. Additionally, the City is seeking remedies including civil penalties consistent with Philadelphia’s Consumer Protection Ordinance, and compensatory damages to cover costs and losses accrued by the City due to the companies’ deceptive conduct.
Click here to view a copy of the complaint.
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