November 11, 2022

AG Bonta Sends Letters to Plastic Bag Manufacturers Demanding Substantiation of Recyclability Claims

Bernard Nash

Cozen O'Connor

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Cozen O'Connor

California AG Rob Bonta sent letters to six manufacturers of plastic bags demanding that they substantiate express and implied claims that their reusable plastic bags are recyclable, as well as certified claims that the bags are “recyclable in the state” of California.
In the letters , AG Bonta asserts that the manufacturers sell reusable plastic bags for distribution in California that are labeled with the “chasing arrows” symbol or other symbols and language indicating that the bags are recyclable. The AG alleges the companies have also previously certified pursuant to the California Public Resources Code that the plastic bags are “recyclable in the state” of California. The AG requests information and documentation substantiating these environmental claims in accordance with requirements under the California Public Resources Code and the FTC Green Guides.
AG Bonta requests that the manufacturers respond to the request for information and provide any substantiating materials by November 16, 2022, noting that a failure to do so could lead to an enforcement action under California’s Public Resources Code and its unfair competition and false advertising laws.

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