Resource Recycling
  • The Latest
  • Analysis
    • All
    • Certification Scorecard
    • Industry Announcements
    • Opinion
    Researchers work on fluorine-free battery binder

    Researchers work on fluorine-free battery binder

    CommanderAI launches searchable hauler database

    Blancco brings agentic AI to data erasure, ITAD operations

    APR adds PCR content verification to cert program

    Certification scorecard — week of Oct. 12

    Ingram Micro looks to digital platform and AI

    APR training clicks recycling ‘pieces’ into place

    APR training clicks recycling ‘pieces’ into place

    Southeast grows into US’ critical mineral hub

  • 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
    Researchers work on fluorine-free battery binder

    Researchers work on fluorine-free battery binder

    CommanderAI launches searchable hauler database

    Blancco brings agentic AI to data erasure, ITAD operations

    APR adds PCR content verification to cert program

    Certification scorecard — week of Oct. 12

    Ingram Micro looks to digital platform and AI

    APR training clicks recycling ‘pieces’ into place

    APR training clicks recycling ‘pieces’ into place

    Southeast grows into US’ critical mineral hub

  • 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

Narrower recyclability lawsuit brought against 7-Eleven

byJared Paben
January 17, 2023
in Recycling
The revised lawsuit comes after an Illinois judge in September 2022 threw out many of plaintiff Devon Curtis’ claims. | Tiko Aramyan/Shutterstock

A Chicago resident has filed an amended lawsuit against 7-Eleven, arguing that some of the company’s “recyclable” labeling is deceptive because the products lack resin identification codes.

The amended complaint comes in the case of Devon Curtis v. 7-Eleven, which was originally filed on Oct. 1, 2021. A judge in September 2022 threw out many of Curtis’ arguments that 7-Eleven is illegally labeling certain plastic products as recyclable.

This case, which is just one of a number of legal actions challenging brand owners’ recyclability marketing claims in recent years, involves the labeling of 7-Eleven’s “24/7” brand polystyrene (PS) foam plates, PS foam cups, red polypropylene (PP) party cups and polyethylene (PE) freezer bags. The products all use the word “recyclable” on their packaging, and some have the resin identification code (RIC) surrounded by the chasing arrows symbol on the product itself.

In her original class-action lawsuit, filed in U.S. District Court in the Northern District of Illinois, Curtis argued that the recyclability claims are deceptive because those products have limited acceptance in municipal recycling programs and very low recycling rates. Her complaint also alleged that some of the products lacked the RIC, rendering them unrecyclable.

Judge Steven C. Seeger in September 2022 tossed out several of her claims, broadly deciding that, to reasonable consumers, the word “recyclable” strictly means capable of being recycled, not that it’s likely those products will actually be recycled through Chicago’s recycling program.

But in his decision, Seeger allowed Curtis’ claims about missing RICs to survive. Noting that the foam plates and PE freezer bags lacked RIC numbers, he repeated the complaint’s mistaken notion that MRFs rely on RICs printed on products to properly sort recyclables. “When sorting plastic waste, recycling facilities sort the plastics into 7 categories based on the RICs marked on the waste,” the complaint states.

In the original class-action complaint, Curtis wanted to sue on behalf of all U.S. residents who bought “24/7” products labeled as recyclable but which lack an RIC and/or are made of PP and PS. That encompassed everyone who bought the plates, foam cups, rigid cups, freezer bags and possibly other products.

But after Seeger’s order tossing out some of the allegations, Curtis on Dec. 2, 2022 filed an amended complaint that sought a narrower definition of the represented class: U.S. residents who bought the “24/7” brand products labeled as recyclable but which lack the RIC. That’s essentially consumers who bought the plates and freezer bags – or any other products meeting that definition – but not the cups or other products that have an RIC.

The parties are currently working through how much information sharing will be needed in the case. No trial date has been set.

But even if the complaint were to result in a settlement or award, it could be a complicated endeavor to identify members of the class entitled to compensation without widespread advertising.

In a Dec. 9 status report to Seeger, the parties noted that 7-Eleven has sold $206,000 worth of the foam plates and freezer bags in Illinois since 2018, but the retailer can’t identify most of those buyers. Half paid in cash, and 7-Eleven doesn’t have identifying information for people who paid with credit or debit cards. About 15% of customers were part of the company’s loyalty program, 7-Rewards, however, so 7-Eleven does have their identifying information.
 

Tags: Brand OwnersLegalPlastics
TweetShare
Jared Paben

Jared Paben

Related Posts

SC Johnson CEO: Recycling needs policy fix

byStefanie Valentic
October 5, 2026

Decades of voluntary packaging work have hit an economic wall. EPR and stronger regulation are what will move the needle.

Trash Panda collab with Crocs supports recycled plastic

Trash Panda collab with Crocs supports recycled plastic

byWillona Sloan
September 10, 2026

Trash Panda Disc Golf is working with Crocs to turn old shoes into new disc products.

SB 54 Unpacked: Can film catch up to cartons?

byStefanie Valentic
September 4, 2026

Flexible film, generating 550,000 tons/year of waste, has end markets for only about 10% of it, panelists said at a...

Hefty ending Orange Bag program

Hefty ending Orange Bag program

byAntoinette Smith
August 25, 2026

Although the Hefty ReNew program is ending, an Omaha recycler will continue accepting the bags as feedstock for plastic lumber.

The first E-scrap franchisor finds treasure in trash

byPaul Lane
August 3, 2026

Tennessee-based business owner flips garage sale visit into growing electronics handling enterprise.

Polyolefins producer provides PCR updates

Plastic-related revenue grows for LyondellBasell

byPaul Lane
July 31, 2026

Supply shortages resulting from the Middle East conflict have led to price surges that brought up the company’s Q2 sales...

Load More
Next Post

Nashville receives funds to support collection frequency

2026 Buyers’ Guide

Equipment, services and technology suppliers serving the recycling industry.

Browse the Guide

More Posts

Lawsuits hover days after SB 54 approval

CAA trims first-year SB 54 budget in final plan

October 13, 2026
Fireside Chat at PRC features CAA chief

Fielkow to step down as CAA CEO

October 14, 2026
Northeast recycled commodity values hit 5-year lows

HDPE, PP prices climb for October

October 14, 2026

Southeast grows into US’ critical mineral hub

October 12, 2026
Removing an eBike battery pack.

EPR’s next fight is over embedded batteries

October 13, 2026

Ingram Micro looks to digital platform and AI

October 14, 2026

MRF battery fires burn ‘really fast’ and ‘really hot’

March 5, 2024
Panelists discuss construction waste reuse at the NERC conference in New Jersey October 7, 2026.

Ramping up reuse of construction materials

October 8, 2026
Study explores  reusable containers in California DRS

Inside the Circle: The bottle bill’s unfinished business

October 13, 2026
plastic bale

Underreported sales may cost bottle bill states up to 40%

October 5, 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.