Arizona AG says consumers were misled over recycling bags

Arizona Attorney General Kris Mayes announced a lawsuit Aug. 27 against Reynolds Consumer Products, the company behind the Hefty brand, for misleading consumers that its line of “blue,” “clear” and “recycling” bags are recyclable and “ideal for collecting recyclable materials.”

The lawsuit accuses Reynolds Consumer Products of greenwashing and says the company’s practices “exploit consumers who prioritize sustainability and limiting their environmental impact.”

Further, plastic bags typically are not accepted at material recovery facilities (MRFs) and often render their contents unrecyclable.

"Corporate greed was prioritized over being honest to consumers," Mayes says in a news release. "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."

In reality, the products labeled “ideal for collecting recyclable materials” only contribute to the plastics problem and likely reroute otherwise recyclable materials into landfills, the news release continues.

The complaint alleges a pattern of what Mayes says is misrepresentation and deceptive and unfair acts by Reynolds and lists the following practices:

• 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 “Designed 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 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 lawsuit 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 MRFs, and when soft plastics enter a MRF they can become entangled in the sorting equipment, forcing facility downtime.

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.