Resource Recycling
  • The Latest
  • Analysis
    • All
    • Certification Scorecard
    • Industry Announcements
    • Opinion
    NJ’s PCR delay risks making its own excuse permanently true

    NJ’s PCR delay risks making its own excuse permanently true

    E-scrap magnet recycling company scales up

    Why only some rare-earth sources are economically viable

    e-Stewards to develop an ITAD-specific standard

    Certification scorecard — week of Sept. 21

    Who should pay for lithium-ion battery fire damage?

    America’s critical-materials buildout has a feedstock problem

    Certification scorecard – week of Sept. 14

  • 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
    NJ’s PCR delay risks making its own excuse permanently true

    NJ’s PCR delay risks making its own excuse permanently true

    E-scrap magnet recycling company scales up

    Why only some rare-earth sources are economically viable

    e-Stewards to develop an ITAD-specific standard

    Certification scorecard — week of Sept. 21

    Who should pay for lithium-ion battery fire damage?

    America’s critical-materials buildout has a feedstock problem

    Certification scorecard – week of Sept. 14

  • 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

Newsom nixes recycled content claims bill

Newsom nixes recycled content claims bill

byAntoinette Smith
September 28, 2026

Supporters of AB 2253 said the bill would address greenwashing, while opponents said it demonized mass-balance accounting and didn't reflect...

NJ’s PCR delay risks making its own excuse permanently true

NJ’s PCR delay risks making its own excuse permanently true

byEdward Kosior
September 28, 2026

In this editorial, Prof. Edward Kosior explores how policy uncertainty discourages investment and risks destroying existing recycling capacity.

Analysis: Undersupply of PCR is ‘stifling’ brand goals

US lawmakers urge protection of domestic RPET

byAntoinette Smith
September 25, 2026

In a letter to the US Trade Representative, five representatives asked the USTR to consider trade remedies and support verification...

Oregon state capitol building with state flag and blue sky.

NAW appeals Oregon EPR ruling

byStefanie Valentic
September 25, 2026

NAW is challenging an Oregon judge's ruling in favor of the state's extended producer responsibility law.

Bipartisan reps introduce bill on recycling claims

House passes bill to ease lithium-ion battery storage rules

byStefanie Valentic
September 24, 2026

The BRACE Act would let lithium-ion battery recyclers store batteries on site under universal waste rules and give EPA 18...

Calif. Governor Gavin Newsom at podium.

Newsom signs battery EPR expansion, vetoes SB 54 fund bill

byStefanie Valentic
September 24, 2026

Newsom signed a battery EPR expansion and a nitrous oxide sales ban but vetoed a bill setting spending rules for...

Load More
Next Post

Texas operation boosts capacity for PET recycling firm

2026 Buyers’ Guide

Equipment, services and technology suppliers serving the recycling industry.

Browse the Guide

More Posts

Ten e-scrap projects receive federal prize funds

Recycling rates for rare earths could double by 2040

July 17, 2026
Intel sign outside of company building.

Intel’s CapEx tops $20B on server demand while PC volume shrinks

July 29, 2026
Feds to develop repairable computer donation program

The whitebox blind spot in PC recycling

April 24, 2026

In other news: May 2, 2016

May 2, 2016

Microsoft confirms PC sales slump

August 4, 2026
Textile EPR and the definition of recycling

Textile Exchange reports progress in production

September 22, 2026

America’s critical-materials buildout has a feedstock problem

September 18, 2026
Closeup of a printed circuitboard

Hardware demand puts new focus on parts harvesting

June 5, 2026
Data erasure firm expands wearable device capabilities

Apple hits 30% recycled content, debuts new recovery tech

April 17, 2026
The electronics recycling industry is undergoing a transformation from labor-intensive manual operations to highly automated, AI-driven facilities that use advanced robotics, cleaner chemistry and digital tracking systems to extract critical materials.

The cyber-physical MRF: AI and robotics reshape e-waste recovery

February 12, 2026
Load More

About & Publications

About Us

Staff

Archive

Magazines

Work With Us

Advertise
Jobs
Contact
Terms and Privacy

Newsletters

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
  • Magazines
  • 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.
-
00:00
00:00

Queue

Update Required Flash plugin
-
00:00
00:00