In recent years, more and more attention has been focused on plastic waste and its persistence in the environment. This class action concerns California’s SB 270 law on reusable plastic-film store bags. The complaint alleges that Walgreen Company violates the law because it gives customers reusable plastic-film bags that that are not recyclable.
The class for this action is all persons who bought the products for personal, family, or household use in California (either directly or through an agent) during the applicable statute of limitations period.
The complaint begins with statistics about plastic waste: “Nearly 90% of plastic waste is not recycled…. According to a recent study, at least 1.2 to 2.5 million tons of plastic trash from the United States were dropped on lands, rivers, lakes and oceans as litter, were illegally dumped, or were shipped abroad and then not properly disposed of.”
To help curb plastic pollution, California voters passed SB 270, which the complaint says “prohibits stores form selling or distributing a reusable grocery bag made from plastic film unless the bag is ‘recyclable in this state.’”
The same law, the complaint says, requires that stores charge at least ten cents per bag and requires that money collected from customers “only be used for: (1) costs associated with complying with SB 270, (2) the ‘actual’ costs of providing recycled paper bags or reusable grocery bags, and (3) costs associated with ‘a store’s educational materials or educational campaign encouraging the use of reusable grocery bags.”
But the complaint alleges that the reusable plastic-film bags Walgreen’s distributes to customers are not recyclable in California. And, given the large number of products the stores sell, the complaint alleges, “and the minimal amount of money Walgreens appears to be spending on promoting the use of reusable grocery bags, Walgreens is likely using the money it has collected from [customers] from sales of the Products for purposes beyond those enumerated in SB 270, which is also an unlawful business practice.”
Why does the complaint insist that the bags are not recyclable? For a product to be recyclable, three requirements must be met. First, consumers must have access to recycling facilities for the item. Second, the facilities must be able to sort the item from others in the stream of waste. Finally, and purchasers must be available to change the item into a new product.
The complaint claims that none of these three requirements are met for the Walgreen’s bags. “Despite [Walgreen’s] claims that the Products are recyclable by ‘Store Drop-Off,’ most of the Products typically end up in landfills, incinerators, communities, or the natural environment.”
For that reason, the complaint claims that Walgreen’s “sale of the Products is unlawful and its representations that the Products are recyclable are material and false.”
Article Type: LawsuitTopic: Consumer
Most Recent Case Event
Walgreen Bags Not Recyclable in California Complaint
April 29, 2022
In recent years, more and more attention has been focused on plastic waste and its persistence in the environment. This class action concerns California’s SB 270 law on reusable plastic-film store bags. The complaint alleges that Walgreen Company violates the law because it gives customers reusable plastic-film bags that that are not recyclable.
Walgreen Bags Not Recyclable in California ComplaintCase Event History
Walgreen Bags Not Recyclable in California Complaint
April 29, 2022
In recent years, more and more attention has been focused on plastic waste and its persistence in the environment. This class action concerns California’s SB 270 law on reusable plastic-film store bags. The complaint alleges that Walgreen Company violates the law because it gives customers reusable plastic-film bags that that are not recyclable.
Walgreen Bags Not Recyclable in California Complaint