Transitions2earth “Biodegradable” EcoPure Eating Utensils Class Action

RTG Custom Supply, LLC, which does business as Transitions2earth (or T2E) makes polyethylene eating utensils that it advertises as “biodegradable.” The complaint alleges that the cutlery should not be advertised with this promise because it is generally disposed of in landfills and, under those conditions, it will not completely decompose within one year.

The class for this action is all persons in the US who, between April 27, 2018 and the present, bought online, from the Transitions2earth website, any of the following products:

• Transitions2earth Biodegradable EcoPure Forks
• Transitions2earth Biodegradable EcoPure Spoons
• Transitions2earth Biodegradable EcoPure Knives
• Transitions2earth Biodegradable EcoPure Lightweight Spoons
• Transitions2earth Biodegradable EcoPure Lightweight Forks
• Transitions2earth Biodegradable EcoPure Lightweight Knives
• Transitions2earth Biodegradable EcoPure Cutlery Combo Box
• Transitions2earth Biodegradable Serving Utensils

Pages 2 and 3 of the complaint show advertising and packaging of the cutlery and serving utensils offered by Transitions2earth. In or on each one, the word “biodegradable” figures prominently.

For example, one paragraph entitled “Transitions2earth Biodegradable Cutlery” says, “Transitions2earth premium quality utensils and cutlery are great for weddings, events, parties, picnics and more since they are premium quality, heat resistant and biodegradable. Our Transitions2earth premium quality utensils and cutlery are more durable, higher quality and lower priced than other eco-friendly products and their easy disposal keeps life simple.”

The complaint alleges that the same “biodegradable” claim appears on the websites of stores that sell the products, including on ecommerce sites like those for Walmart and eBay, and that the word “biodegradable” is used in close range to every product representation.

However, the complaint claims that cutlery is normally disposed of in landfills, and that makes a difference.

The complaint says, “The Federal Trade Commission (‘FTC’) has conducted extensive consumer/product research and, based thereon, has enacted” a specific rule. The rule is this: “Unqualified Degradable Claims for items that are customarily disposed in landfills are deceptive because these locations do not present conditions in which complete decomposition will occur within one year.”

According to the complaint, the cutlery is made with “so-called EcoPure technology” and therefore “cannot and does not decompose within even five (5) years in landfills (let alone in one year, i.e., the FTC rule).”

The complaint quotes the FTC’s guidance for businesses on these kinds of environmental claims: “Marketers should not make broad, unqualified general environmental benefit claims like ‘green’ or ‘eco-friendly.’ Broad claims are difficult to substantiate, if not impossible.” According to the complaint, the claims also violate the Washington Consumer Protection Act (WCPA).

According to the complaint, the inquiry of the plaintiff in this case has “established that polyethylene-plastic Cutlery manufactured with EcoPure technology is not ‘biodegradable.’” It adds, “Bio-Tec Environmental LLC, which manufacture EcoPure, does not itself claim that the use of this additive will render plastic ‘biodegradable.’”

The complaint also claims that the company “did not possess prior substantiation that Cutlery would ever biodegrade, let alone in one (1) year or five (5) years.”

Article Type: Lawsuit
Topic: Consumer
Tags: Biodegradable, Deceptive Advertising, Deceptive Labels, Item Does Not Do What It Is Advertised to Do