Walmart and Reynolds Consumer Products have agreed to stop selling certain plastic bags in Minnesota for two and a half years after state Attorney General Keith Ellison alleged in court that the companies were falsely marketing the bags as recyclable.
Reynolds makes the Hefti-brand plastic bags that Ellison targeted in blue or clear, 13- and 30-gallon sizes. Litigationwas filed in Ramsey County District Court in June 2023. The suit makes similar claims against 13-, 30- and 33-gallon bags sold under Walmart’s Great Value brand.
If Walmart or Reynolds start selling the bags again after the moratorium, they will have to label them as non-recyclable, according to the settlement agreement. Walmart and Reynolds It arrived on August 1st.
The companies agreed to pay a total of $216,670, including 100% of the profits they made from the sale of the bags, the state’s attorney’s fees and other monetary relief, the lawsuit said. press release From Ellison’s office.
“Defendants should establish and implement a legal review process for marketing claims and provide anti-greenwashing training to their marketing teams at least annually,” it said. Settlement Documents.
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Reynolds said in a written statement: “While we believe these allegations are without merit, we are pleased to be able to put this matter behind us. We remain committed to our sustainability mission of developing innovative products and solutions that simplify everyday life and protect the environment.”
A Walmart spokesman declined to comment on the settlement.
“Minnesotans love clean land, air and water, which is why we have some of the highest recycling rates in America,” Ellison said in a press release.
“I’m pleased that Reynolds and Walmart, who have profited from the goodwill of Minnesotans, have agreed to stop selling us their so-called ‘recyclable’ bags that cannot be recycled and to cough up the profits they made from those bags,” he said. “Any other companies that think about greenwashing their products to deceive Minnesotans should know by now that I will not hesitate to hold them accountable under the law.”
The Minnesota lawsuit is one of roughly 40 filed since 2015 targeting the plastics industry, most of them filed by citizens or environmental groups, according to the New York University Law School’s Plastics Litigation Tracker.
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But recently, the attorneys general of Connecticut, Minnesota and New York have filed their own plastic lawsuits, wielding considerable legal power and increasing the risk of litigation.
The lawsuit comes amid a rapidly expanding body of scientific knowledge detailing how burgeoning plastic production and plastic waste are damaging the planet and threatening public health.
Plastic is made from thousands of chemicals and was not designed to be recycled; the U.S. recycling rate is thought to be less than 10%. Bags are one of the more difficult items to recycle, as they are filmy and thin and can clog recycling equipment.
Ellison had alleged that Walmart and Reynolds’ marketing violated state laws prohibiting false statements in advertising, deceptive environmental marketing and consumer fraud. The settlement agreement included a provision that said it would not be considered an admission of guilt or violation by the defendants.
The lawsuit includes marketing photos that Ellison claims were intended to falsely convince Minnesotans that the bags were for recycling and were recyclable. Some of the photos showed the bags in the blue color associated with some recycling programs and included a declaration that the bags were “intended for use in municipal recycling programs, where applicable,” according to the lawsuit.
The particular clear bags are described as “transparent for quick sorting and curbside identification,” according to the lawsuit. Reynolds also prominently featured the word “Recycle” in capital letters on the front label of its Hefti “Recycle” trash bags, and the packaging included an image of a clear bag filled with plastic and the words, “Hefti Recycle Bags are perfect for all your recycling needs,” the lawsuit alleges.
