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

    Certification Scorecard – Week of March 16, 2026

    Groups identify recovered plastics users in the Northeast

    Bale pricing for recycled plastics diverges

    Why global ITAD is stranded in the Gulf

    Why global ITAD is stranded in the Gulf

    Certification scorecard for the week of March 9, 2026

    Diversion Dynamics: Secondhand exports slow down fast fashion

    Certification scorecard for the week of March 2, 2026

    Industry announcements for January 2026

    Industry Announcements for March 2026

    HP receives ocean plastics certification

    HP Inc. earnings point to memory inflation challenge

    Certification scorecard for the week of Feb. 23, 2026

  • Conferences
  • Publications

    Other Topics

    Textiles
    Organics
    Packaging
    Glass
    Brand Owners

    Metals
    Technology
    Research
    Markets
    Grant Watch

    All Topics

Subscribe
No Result
View All Result
Resource Recycling
  • The Latest
  • Analysis
    • All
    • Certification Scorecard
    • Industry Announcements
    • Opinion

    Certification Scorecard – Week of March 16, 2026

    Groups identify recovered plastics users in the Northeast

    Bale pricing for recycled plastics diverges

    Why global ITAD is stranded in the Gulf

    Why global ITAD is stranded in the Gulf

    Certification scorecard for the week of March 9, 2026

    Diversion Dynamics: Secondhand exports slow down fast fashion

    Certification scorecard for the week of March 2, 2026

    Industry announcements for January 2026

    Industry Announcements for March 2026

    HP receives ocean plastics certification

    HP Inc. earnings point to memory inflation challenge

    Certification scorecard for the week of Feb. 23, 2026

  • Conferences
  • Publications

    Other Topics

    Textiles
    Organics
    Packaging
    Glass
    Brand Owners

    Metals
    Technology
    Research
    Markets
    Grant Watch

    All Topics

Subscribe
No Result
View All Result
Resource Recycling
No Result
View All Result
Home Plastics

Judge ends Greenpeace’s labeling suit against Walmart

Colin StaubbyColin Staub
September 22, 2021
in Plastics
A U.S. District Court judge ruled that Greenpeace lacked standing to sue the world’s largest retailer over recyclability labeling in California. | Harun Ozmen / Shutterstock

A California court has dismissed a legal complaint Greenpeace brought against Walmart, ruling that the activist group itself was not deceived by labels indicating the corporation’s plastic packaging is recyclable.

Greenpeace in December 2020 accused Walmart of “seeking to take advantage of consumers’ concerns” over plastic pollution by marketing and selling “a variety of single-use plastic products that are labeled as recyclable, when the products are rarely, if ever, recycled.” The legal action focused on Walmart’s private label product packaging.

U.S. District Judge Maxine Chesney on Sept. 20 dismissed the lawsuit. She wrote that “nothing in the [complaint] suggests Greenpeace engaged in its investigation in reliance on a belief that the statements on which it bases its claims were true; rather, the [complaint] alleges the action taken by Greenpeace was in response to its belief that the challenged statements were false; in other words, Greenpeace was never misled.”

Because it wasn’t misled, Greenpeace didn’t have grounds to sue under California law, the judge ruled.

On Sept. 21, Greenpeace said Walmart fought the case using a “technicality” and the group said it is evaluating further legal options.

“Because the suit was dismissed on a legal technicality, this clear violation of the law is allowed to stand,” the organization wrote.

In a statement to Plastics Recycling Update, a Walmart spokesman said the company is “pleased the court dismissed this baseless lawsuit.”

“We previously reviewed these allegations and explained to Greenpeace that the product labeling complies with federal and state laws,” the spokesman said. “Like many other retailers we rely on labeling developed and validated by our suppliers and sustainability partners, including How2Recycle.”

The dismissal comes shortly after California lawmakers approved Senate Bill 343, an expansive labeling bill that would establish new criteria manufacturers must meet before making recyclability claims and using the “chasing arrows” symbol. That legislation is currently awaiting a signature from Gov. Gavin Newsom.

Greenpeace referenced the labeling law in its announcement of the dismissal.

“It appears Walmart is going to continue misleading customers about plastic recycling until the law forces them to stop,” the organization wrote. “Fortunately, that day is coming soon. SB 343 will end this kind of greenwashing in California, and nationwide legislation is soon to follow.”

Walmart response argues no deceit occurred

The lawsuit was initially filed in California’s Alameda County Superior Court. It was moved in January 2021 to the U.S. District Court for California’s Northern District.

The lawsuit focused on Walmart’s recycling labels for packaging made from plastics Nos. 3-7. Despite these packaging materials being labeled as recyclable, Greenpeace said consumers do not have access to recycling programs that accept such materials and that these plastics do not have end markets.

“Defendants’ representations that the products are recyclable are material, false, misleading, and likely to deceive members of the public,” Greenpeace wrote in the initial complaint. “These representations also violate California’s legislatively declared policy against misrepresenting the environmental attributes of products.”

Walmart responded in court in April and June, arguing that the packaging is not incorrectly labeled, and further that Greenpeace was not personally deceived by the packaging labels.

“This is a fraud case brought by a plaintiff that concedes it was not defrauded,” Walmart attorneys wrote in a June 9 filing. “Greenpeace claims that other people were defrauded, but if that were true, those people could bring their own lawsuits, presumably offering direct evidence in support of their claims.”

Attorneys for Walmart also argued that Greenpeace could not actually claim that the packaging materials in question are not recyclable. They said Greenpeace, in arguing that the products are not “recyclable,” admitted that the products were technically recyclable.

“Greenpeace’s blanket assertions that ‘the products cannot be recycled,’ that consumers ‘do not have access’ to recycling programs, and that ‘there are no end markets’ for recycled materials, all contradict its own more specific allegations in which it admits that these assertions are not true,” the attorneys wrote. “That is, Greenpeace admits, as it must, that the products are literally ‘recyclable’ – it only complains that they are not recycled often enough.”

Greenpeace points to federal guidelines

Lawyers for Greenpeace responded in court, reiterating the group’s argument that Walmart’s use of “recyclable” labeling claims goes against the Federal Trade Commission Green Guides.

Greenpeace quoted the Green Guides’ text that states, “a product or package shall not be marketed as recyclable unless it can be collected, separated, or otherwise recovered from the waste stream through an established recycling program for reuse or use in manufacturing or assembling another item.”

“As reflected in the Green Guides’ language and regulatory history, the FTC does not consider a product to be recyclable unless it is actually recycled in practice,” Greenpeace wrote, arguing again that the 3-7 plastic packaging does not qualify due to access and processing infrastructure shortfalls.

Essentially, the court’s decision to dismiss came down to a finding that Greenpeace does not have standing to bring its claims under California state law. Greenpeace has until Oct. 15 to file an amended complaint, according to the dismissal document.

A Greenpeace spokesperson said the group is exploring all legal options.

“This case absolutely underscores the need for stronger legislation and we will continue to work to pass federal legislation modeled on SB 343,” the spokesperson said.

Additional California labeling lawsuits have been filed against TerraCycle and a handful of brand owners, as well as Keurig Dr Pepper.
 

Starlinger

Tags: Brand OwnersCaliforniaLegal
TweetShare
Colin Staub

Colin Staub

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

Related Posts

Unilever shifting focus to flexibles targets

Unilever shifting focus to flexibles targets

byAntoinette Smith
March 23, 2026

The global brand hit its target of 25% PCR use in packaging last year, but will increase work on substituting...

ExxonMobil files suit against California AG for defamation

Legal issues continue for canceled Pennsylvania project 

byAntoinette Smith
March 13, 2026

A Pennsylvania engineering consultancy is seeking to impose sanctions on chemical recycler Encina for work relating to a project in...

ERI sues Revivn alleging raid on staff and trade secrets

ERI sues Revivn alleging raid on staff and trade secrets

byScott Snowden
March 10, 2026

ERI has filed a lawsuit against Revivn in New York Supreme Court alleging trade secret theft and a coordinated effort...

Texas sues over dumped wind turbine blades

Texas sues over dumped wind turbine blades

byScott Snowden
February 10, 2026

The state attorney general sued Global Fiberglass Solutions over alleged illegal storage and disposal of all turbine blades at two...

Malaysia clamps down on illegal e-waste imports amid probes

Malaysia clamps down on illegal e-waste imports amid probes

byDavid Daoud
February 6, 2026

Malaysia’s growing role as a hub for global e‑scrap is colliding with corruption probes, large container seizures and regional backlash. ...

PP cups now ‘widely recyclable’ with increased acceptance

byAntoinette Smith
February 3, 2026

With more than 60% of US households having access to curbside recycling collection for PP to-go drink cups, the How2Recycle...

Load More
Next Post

News from Microsoft, Sunnking and more

More Posts

Groups identify recovered plastics users in the Northeast

Bale pricing for recycled plastics diverges

March 17, 2026
Chinese processing group details goals for US visit

AMP lays out vision of next-generation, AI-driven MRFs

July 24, 2024
Why global ITAD is stranded in the Gulf

Why global ITAD is stranded in the Gulf

March 16, 2026
Assurant sees 60% rise in Q2 trade-in values

Old electronics seen as key to US minerals supply chain

March 18, 2026
Celebrate Global Recycling Day 2026

Celebrate Global Recycling Day 2026

March 18, 2026
War-driven fuel costs compound recycling woes

War-driven fuel costs compound recycling woes

March 16, 2026
Apple accused of hampering battery replacement

Apple’s MacBook Neo: iFixit’s best MacBook score in 14 years, but the residual value ceiling is real

March 17, 2026
Traceability tools add recycled material trust

Industry coalition seeks injunction against California’s SB 343

March 19, 2026
EPR expanding beyond packaging into tougher waste streams

EPR expanding beyond packaging into tougher waste streams

March 19, 2026
ExxonMobil files suit against California AG for defamation

Legal issues continue for canceled Pennsylvania project 

March 13, 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.