Arizona AG Seeks Civil Penalties In Suit Against Hefty Maker For ‘Misleading’ Recycling Claims

Arizona Attorney General Kris Mayes has launched yet one more potentially money-making lawsuit, this time against Reynolds Consumer Products, accusing it of deceiving consumers by marketing its “Blue,” “Clear,” and “Recycling” bags as recyclable and suitable for collecting recyclable materials.

The Attorney General 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.

The Arizona Attorney General’s Office claims that in reality, plastic trash bags are generally not recyclable in municipal recycling facilities and often contaminate or render entire batches of recyclables unrecyclable.

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.