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Earth Rated “Compostable” Poop Bags Not Compostable Class Action

The company Earth Rated sells what it advertises as Certified Compostable Poop Bags, among other products related to pet waste. But the complaint for this class action alleges that the poop bags are not actually compostable as advertised.

The class for this action is all persons in the US who bought the product. A New York Subclass has also been proposed for those who bought the product in New York.

Two sizes of boxes for the poop bags are shown on pages 2 and 3 of the complaint, both showing the words “Certified Compostable” prominently on their fronts.

The complaint quotes Earth Rated’s website as saying that the poop bags “meet the ASTM D6400 standard for municipal composting as well as the EN13432 Home and Industrial standards for compostability.” It also quotes the website as saying that the poop bags are “certified for home composting” and are compostable at a “city compost facility.”

However, the complaint alleges that these claims are false and misleading. It quotes a Federal Trade Commission (FTC) article on dog waste bags as saying that “consumers generally think that unqualified ‘compostable claims’ mean that a product will safely break down at the same rate as natural products, likes leaves and grass clipping, in their home compost pile. If marketers disclose that a product will only compost in commercial or municipal facilities, consumers think that those facilities are generally available in their area.” But this may not be true, the article says, because “dog waste is generally not safe to compost at home, and very few facilities accept this waste.”

In fact, the complaint alleges that dog waste cannot be composted because it may contain contaminants like E. Coli and “harmful parasites, bacteria, viruses, or pathogens.” Dog waste can also contain unwanted nutrients. According to the FTC articles, nutrients in dog poop can “cause excessive growth of algae and weeds. This makes the water murky, green, smelly, and even unusable for swimming, boating, or fishing.”

Furthermore, the complaint claims, “industrial composting of dog waste is not available in the United States. [Earth Rated] even admits as much on a blog post on its website that is not linked in any way to the Product’s page.”

The complaint points to two small-print disclaimers on the product box, but the complaint alleges that reasonable consumers would not expect a dog waste product prominently labeled “certified compostable” would actually not be able to be composted.

The complaint alleges that the “certified compostable” claims are “greenwashing” to give the impression that the products are more environmentally friendly than they actually are.

The counts include breaches of warranties, negligent misrepresentation, and fraud, among other things.

Article Type: Lawsuit
Topic: Consumer

Most Recent Case Event

Earth Rated “Compostable” Poop Bags Not Compostable Complaint

October 28, 2021

The company Earth Rated sells what it advertises as Certified Compostable Poop Bags, among other products related to pet waste. But the complaint for this class action alleges that the poop bags are not actually compostable as advertised.

Earth Rated “Compostable” Poop Bags Not Compostable Complaint

Case Event History

Earth Rated “Compostable” Poop Bags Not Compostable Complaint

October 28, 2021

The company Earth Rated sells what it advertises as Certified Compostable Poop Bags, among other products related to pet waste. But the complaint for this class action alleges that the poop bags are not actually compostable as advertised.

Earth Rated “Compostable” Poop Bags Not Compostable Complaint
Tags: Deceptive Advertising, Deceptive Labels, Item Does Not Do What It Is Advertised to Do, Not Compostable