Resource Recycling
  • The Latest
  • Analysis
    • All
    • Certification Scorecard
    • Industry Announcements
    • Opinion

    Certification Scorecard — Week of July 20, 2026

    Amazon plastic use flat despite shift to paper

    Amazon plastic use flat despite shift to paper

    Rare earth processor lands $5.1M in Defense funds

    ERI, Cyclic Materials team up on e-scrap

    Cascade Asset Management sees higher sales volumes

    Sorted: Restoring mineral supplies, one junk drawer at a time

    Passing the baton: Sims shakeup marks new ITAD generation

    Ten e-scrap projects receive federal prize funds

    Recycling rates for rare earths could double by 2040

  • 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

    Certification Scorecard — Week of July 20, 2026

    Amazon plastic use flat despite shift to paper

    Amazon plastic use flat despite shift to paper

    Rare earth processor lands $5.1M in Defense funds

    ERI, Cyclic Materials team up on e-scrap

    Cascade Asset Management sees higher sales volumes

    Sorted: Restoring mineral supplies, one junk drawer at a time

    Passing the baton: Sims shakeup marks new ITAD generation

    Ten e-scrap projects receive federal prize funds

    Recycling rates for rare earths could double by 2040

  • 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

RecyClass hits 500 EU recyclability evals

RecyClass hits 500 EU recyclability evals

byAntoinette Smith
July 21, 2026

The most recent evaluations include Avery Dennison's RFID tag for PET bottles, ahead of the first PPWR enforcement in mid-August.

Former president of CRT processor sentenced to prison

Groups say injunction doesn’t settle labeling issues

byStefanie Valentic
July 17, 2026

Californians Against Waste and the National Stewardship Action Council say a federal injunction blocking SB 343 pauses enforcement but still...

US recycling rates rise despite drop in bottles

byAntoinette Smith
July 16, 2026

Although rates saw slight gains over two years, the data highlight the need for policy solutions to unlock growth in...

CarbonLite to open $60 million Pennsylvania plant

Federal judge blocks CA ‘Truth in Recycling’ (SB 343) law

byStefanie Valentic
July 15, 2026

A federal judge has blocked California from enforcing SB 343's recyclability labeling restrictions, ruling the "Truth in Recycling" law is...

Data quantifies progress on plastic recycling

Inside the Circle: Don’t break the sustainable accounting system

byBill Shireman
July 13, 2026

Why California should not restrict the use of “mass balance accounting.”

From claims to custody: PCR procurement grows up

From claims to custody: PCR procurement grows up

byPuneet Thadani
July 10, 2026

In this guest column, the founder of Ecolar Global says the growing use of recycled content without standardized documentation presents...

Load More
Next Post

Texas operation boosts capacity for PET recycling firm

More Posts

CarbonLite to open $60 million Pennsylvania plant

Federal judge blocks CA ‘Truth in Recycling’ (SB 343) law

July 15, 2026
Industry announcements for January 2026

Industry announcements for July 2026

July 1, 2026
Greg Saxon to lead The Recycling Partnership

Greg Saxon to lead The Recycling Partnership

July 15, 2026
Former president of CRT processor sentenced to prison

Groups say injunction doesn’t settle labeling issues

July 17, 2026

US recycling rates rise despite drop in bottles

July 16, 2026
Shredded rubber from Pacific Palisades running track by Ecore

Wildfire-damaged track finds second life ahead of 2028 LA Olympics

July 20, 2026
Amazon plastic use flat despite shift to paper

Amazon plastic use flat despite shift to paper

July 22, 2026
Cascade Asset Management sees higher sales volumes

Sorted: Restoring mineral supplies, one junk drawer at a time

July 20, 2026

Passing the baton: Sims shakeup marks new ITAD generation

July 17, 2026
RecyClass hits 500 EU recyclability evals

RecyClass hits 500 EU recyclability evals

July 21, 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.