PHOENIX – Attorney General Kris Mayes today announced a lawsuit against Reynolds Consumer Products, the company behind the Hefty® brand, for misrepresenting to consumers that its line of “Blue,” “Clear,” and “Recycling” bags are recyclable and ideal for collecting recyclable materials. Plastic bags are generally not recyclable in municipal recycling facilities and likely render the contents unrecyclable as well.
"Corporate greed was prioritized over being honest to consumers," said Attorney General Mayes. "Reynolds lied on the packaging, misled Arizonans, and profited off of well-meaning consumers who simply wanted to protect our state by recycling. Companies who 'greenwash' will be held accountable by my office."
Reynolds profits off of Arizona consumers trying to do the right thing for the environment —consumers who paid more for products that appeared to be recyclable. In reality, the products labeled “ideal for collecting recyclable materials” only contribute to the plastics problem and likely reroute otherwise recyclable products into landfills. These “greenwashing” practices exploit consumers who prioritize sustainability and limiting their environmental impact, and they are completely unacceptable in Arizona.
The complaint alleges a pattern of misrepresentation and deceptive and unfair acts and practices by Reynolds:
- Since at least 2019, Reynolds sold Hefty “Recycling” bags in transparent blue and clear varieties, prominently labeled “RECYCLING.” The box of all “Recycling” bag varieties and sizes included an image of either a transparent blue or clear bag filled with items such as plastic bottles and paper bags, which are clearly recognizable as recyclables to consumers. The back of the packaging stated in prominent green graphics: “HEFTY RECYCLING BAGS ARE PERFECT FOR ALL YOUR RECYCLING NEEDS.” The back label also stated: “DEISGNED TO HANDLE ALL TYPES OF RECYCLABLES” and “TRANSPARENT FOR QUICK SORTING AND CURBSIDE IDENTIFICATION.” The packaging also included an image of a blue recycling truck with a “chasing arrows” recycling symbol, which is a recognizable marketing symbol indicating that a product is recyclable.
- In 2022, Reynolds adopted new packaging. The complaint alleges that the updated packaging continued to label the bags with “RECYCLING” and included an image of either a blue or clear bag filled with items clearly recognizable to consumers as items that are regularly recycled. The packaging still contained images widely associated with recycling.
- Reynolds once again redesigned the packaging in 2024, renaming the “Recycling” bags as “Clear” or “Blue” bags. The front of the third version of the packaging includes the same illustrations of the bags filled with recyclable materials used in previous packaging. This version states: ““Developed for use in participating municipal programs only;” “Transparent for quick and easy sorting;” and “These bags are not recyclable.” The bags are listed under “Sustainable Solutions” on their website.
The complaint alleges that each version of the packaging violates the Arizona Consumer Fraud Act. Soft plastics, like Reynolds’ bags, interfere with the recycling process at Arizona Materials Recovery Facilities, and when soft plastics enter a Materials Recovery Facility, they can become entangled in the sorting equipment, forcing the facility to shut down.
Attorney General Mayes is seeking a permanent injunction requiring Reynolds to stop engaging in deceptive, misleading, or unfair acts or practices, restitution for consumers who were deceived, and civil penalties for the harm caused to consumers.
If you believe you have been the victim of consumer fraud, you can file a consumer complaint by visiting the Attorney General’s website. If you need a complaint form sent to you, contact the Attorney General’s Office in Phoenix at (602) 542-5763, in Tucson at (520) 628-6648, or outside the Phoenix and Tucson metro areas at (800) 352-8431.
A copy of the complaint is available below