Resource Recycling
  • The Latest
  • Analysis
    • All
    • Certification Scorecard
    • Industry Announcements
    • Opinion
    Top stories from March 2025

    3 factors force e-scrap processing onshore

    Data center boom sets up ITAD growth

    Certification Scorecard — Week of June 15, 2026

    Tzvika Shahaf of Blancco

    Blancco names new SVP of product strategy

    IT security driving plans, reshaping budgets

    Study cuts projected AI server e-waste by 90%

    A call to action: End markets and EPR

    A call to action: End markets and EPR

  • Conferences
    • Resource Recycling Conference
    • Plastics Recycling Conference
    • E-Scrap: The Longevity Conference
    • Textiles Recovery Summit
  • Publications
    • E-Scrap News
    • Plastics Recycling Update
    • Policy Now
    • Resource Recycling
    • Other Topics
      • All Topics
      • Brand Owners
      • Critical Minerals
      • Glass
      • Grant Watch / RFPs
      • Markets
      • Organics
      • Packaging
      • Research
      • Technology
      • Textiles
Subscribe
No Result
View All Result
Resource Recycling
  • The Latest
  • Analysis
    • All
    • Certification Scorecard
    • Industry Announcements
    • Opinion
    Top stories from March 2025

    3 factors force e-scrap processing onshore

    Data center boom sets up ITAD growth

    Certification Scorecard — Week of June 15, 2026

    Tzvika Shahaf of Blancco

    Blancco names new SVP of product strategy

    IT security driving plans, reshaping budgets

    Study cuts projected AI server e-waste by 90%

    A call to action: End markets and EPR

    A call to action: End markets and EPR

  • Conferences
    • Resource Recycling Conference
    • Plastics Recycling Conference
    • E-Scrap: The Longevity Conference
    • Textiles Recovery Summit
  • Publications
    • E-Scrap News
    • Plastics Recycling Update
    • Policy Now
    • Resource Recycling
    • Other Topics
      • All Topics
      • Brand Owners
      • Critical Minerals
      • Glass
      • Grant Watch / RFPs
      • Markets
      • Organics
      • Packaging
      • Research
      • Technology
      • Textiles
Subscribe
No Result
View All Result
Resource Recycling
No Result
View All Result
Home Recycling

Future may hold more ‘compostable’ claim lawsuits

Colin StaubbyColin Staub
February 14, 2017
in Recycling

Plastic products sold in California with “biodegradable” and “compostable” printed on their labels cost Walmart nearly $1 million in a settlement earlier this month.

County district attorneys say the world’s largest retailer ran afoul of a California law that bans products labeled “biodegradable” and requires those using the word “compostable” to meet ASTM compostability standards.

Walmart is not the first company to find itself at odds with California law: The first lawsuit citing the law came in 2011, when three water bottle companies were sued by California’s attorney general for making “false and misleading claims” about how their products break down. The case was settled the following year.

It’s a scenario that could be popping up more and more as advocacy groups push for more states to follow suit, according to the US Composting Council, which has written model legislation for regulating labels.

As states pass similar laws, “then certainly you’ll see cases being brought using that legislation,” said Cary Oshins, associate director of the US Composting Council.

Walmart case

In the Walmart case, a group of 23 district attorneys in the state sued the retailer and its affiliate, Jet.com. Nancy O’Malley, district attorney for Alameda County, which includes the cities of Oakland and Berkeley, said in a statement that the retailer sold plastic products with labels out of compliance with state law.

“Unfortunately, Californians concerned with reducing plastic waste in landfills are commonly misled to purchase plastic bags and other plastic products based on marketers’ unsubstantiated claims of biodegradability,” O’Malley said, “but almost nothing breaks down in a landfill. That’s why the sale of plastic products labeled ‘biodegradable’ is illegal in California and why today’s settlement is a win for both consumers and the environment.”

Walmart expressed appreciation to California’s district attorneys for working with the company and reiterated its emphasis on sustainability in its products.

“We’re proud of the enhancements we have made to help ensure that the products we sell to California customers are in line with the State’s guidance on biodegradable labeling,” said Randy Hargrove, Walmart’s director of corporate communications, in a statement to Resource Recycling.

Federal guidelines

In 2011, California became the first state to pass legislation regulating biodegradability claims on products, but the federal government has had rules on the books for years through the Federal Trade Commission (FTC) Green Guides. These guidelines establish definitions for various measures of environmental friendliness.

In October 2013, the FTC took action against six companies regarding compostable and biodegradable claims, including one that was sanctioned with a $450,000 fine (one of these was tied up in lengthy proceedings for years after the initial action).

But there are many products that are noncompliant with the FTC guidelines, yet don’t make it to federal attention, Oshins said, leading some states to seek their own legislation.

“It’s hard to take a case straight to the FTC,” Oshins noted. “They just don’t have the ability to enforce those laws.”

Other states’ interest

Other states are looking to follow California’s lead, particularly when it comes to plastic bags.

Minnesota enacted a statute last year strictly regulating the labeling of plastic bags in the state. Lawmakers in Maryland are considering a similar bill that would place prohibitions on biodegradable and compostable packaging. A bill proposed last week in the Illinois legislature would take roughly the same action.

At the city level, the Seattle City Council passed an ordinance last fall banning green- and brown-tinted non-compostable plastic bags and regulating compostable plastic bag labeling and coloring.

An increase in state and local prohibitions could mean an increase in legal cases similar to the Walmart lawsuit. These regulations may make it more difficult for manufacturers to sell the same packaging universally, but Oshins noted it also presents another choice for manufacturers.

“The same labeling that would work in California would work anyplace else, because it is more restrictive,” Oshins said. “If everyone just complied with the Federal Trade Commission’s Green Guides, that would go a long way. The fact is that many don’t.”

Bob Lilienfeld, a packaging expert who works with the American Institute for Packaging and the Environment (AMERIPEN), a packaging industry group, agreed that the safest bet for companies is to comply with California’s law across the board.

“Your best course of action is to follow the toughest state regulation you can find,” he said.

Rotochopper Van Dyk

Tags: LegalLegislation & EnforcementManufacturersPlasticsPolicy Now
TweetShare
Colin Staub

Colin Staub

Colin Staub was a reporter and associate editor at Resource Recycling until August 2025.

Related Posts

Compliance push drives new Republic organics facility

byStefanie Valentic
June 18, 2026

Republic Services started construction on a 140-acre organics facility in San Bernardino designed to expand Southern California's composting capacity under...

ICIS monthly recycled plastics pulse: Most Oct resin prices stabilize for fall

CA advances PET payments bill, posts DRS recovery rates

byAntoinette Smith
June 18, 2026

A California bill to increase payments to in-state PET reclaimers passed unanimously out of the Senate Environmental Quality Committee this...

Novelis posts steady Q2 amid tariffs, fire recovery

Tariff updates unlikely to have big impact on recycling industry

byPaul Lane
June 18, 2026

Revisions under Section 232 would lower the tariffs on certain materials through 2027.

CAA seeks industry input on EPR fees

CAA seeks industry input on EPR fees

byAntoinette Smith
June 16, 2026

A new producer steering committee will help involve stakeholders more directly in the fee-setting process as packaging EPR law is...

A call to action: End markets and EPR

A call to action: End markets and EPR

byKatherine Doerr, Goldfinch Environmental
June 16, 2026

State-level EPR schemes must mandate rather than simply incentivizing the use of recycled content, consultant Kat Doerr argues.

Revised CA budget includes $200m for recycling

CAA files California program plan for SB 54

byStefanie Valentic
June 15, 2026

CAA has delivered its California program plan as litigation over the underlying regulations continues and smaller producers scramble to meet...

Load More
Next Post

Texas operation boosts capacity for PET recycling firm

More Posts

Japanese phone brand adopts e-scrap offset program

Japanese phone brand adopts e-scrap offset program

February 15, 2023
Loading cargo at a logistics hub.

China reiterates total ban and tries to define ‘solid waste’

April 12, 2019
Multi-layer packaging innovation roundup

Ohio PET reclaimer begins $22 million expansion

April 22, 2021

Reuters: Renew Oceans project shuts down

January 20, 2021

Mapped out: Chinese money in U.S. recycling

September 26, 2018

Who has love for Houston’s proposed dirty MRF?

March 6, 2013

Federal bill would create zero waste grant program

August 11, 2015
Tiger Group offers OCC pulp mill equipment sale

Tiger Group offers OCC pulp mill equipment sale

June 23, 2026
Novelis posts steady Q2 amid tariffs, fire recovery

Tariff updates unlikely to have big impact on recycling industry

June 18, 2026

Data center boom sets up ITAD growth

June 18, 2026
Load More

About & Publications

About Us

Staff

Archive

Magazine

Work With Us

Advertise
Jobs
Contact
Terms and Privacy

Newsletter

Get the latest recycling news and analysis delivered to your inbox every week. Stay ahead on industry trends, policy updates, and insights from programs, processors, and innovators.

Subscribe

Welcome Back!

Login to your account below

Forgotten Password?

Retrieve your password

Please enter your username or email address to reset your password.

Log In

Add New Playlist

No Result
View All Result
  • The Latest
  • Analysis
  • Recycling
  • E-Scrap
  • Plastics
  • Policy Now
  • Conferences
    • E-Scrap Conference
    • Plastics Recycling Conference
    • Resource Recycling Conference
    • Textiles Recovery Summit
  • Magazine
  • About Us
  • Advertise
  • Archive
  • Jobs
  • Staff
Subscribe
This website uses cookies. By continuing to use this website you are giving consent to cookies being used. Visit our Privacy and Cookie Policy.