On October 17, 2025, California Attorney General Rob Bonta announced enforcement actions against seven plastic bag manufacturers for allegedly violating state environmental and consumer protection laws through explicit and implicit claims that plastic bags sold in California were recyclable.  This comes at the conclusion of an investigation of these plastic bag manufacturers initiated by the Attorney General in 2022.  The actions include a settlement with four companies and a lawsuit against three others.

The enforcement actions stem from California’s SB 270, which bans single-use plastic carryout bags and requires that reusable plastic bags be certified as recyclable in California’s own recycling centers.  California’s Environmental Marketing Claims Act (EMCA) incorporates the FTC Green Guides’ standards, requiring that “recyclable” claims be qualified unless recycling facilities are available to a substantial majority (60%) of consumers or communities where the item is sold.  California’s definition of “recyclable” also goes beyond the Green Guides’ standard, requiring that products not just be accepted for recycling at a majority of recycling programs, but are in fact recycled.

In the complaints against these seven manufacturers, the Attorney General alleges that the companies falsely certified their plastic bags as recyclable when, in practice, they were not recyclable within the state.  The Attorney General supports this assertion with a statewide survey of waste processing and recycling facilities; that survey revealed that only two out of 69 facilities claimed to accept plastic bags, and even then, the facilities could not confirm that the bags were in fact recycled.  Based on this evidence, manufacturers’ representations that their bags were recyclable in the state could not be substantiated by actual California recycling practice.

The complaints each allege that these manufacturers violated four California laws:

  • SB 270, by selling bags that did not meet California’s recyclability standards;
  • California’s EMCA, by making misleading environmental marketing claims and by failing to substantiate those claims;
  • California’s False Advertising Law (FAL) and Unfair Competition Law (UCL), by engaging in deceptive labeling and marketing practices.

The settlement and proposed consent judgment, which resolve claims against Revolution Sustainable Solutions LLC, Metro Poly, PreZero US Packaging LLC, and Advance Polybag, impose civil penalties and attorney’s fees ranging from $65,000 to $977,500 and include injunctive terms requiring the companies to stop selling plastic carryout bags to stores in California on or before dates ranging from October 20, 2025, to January 1, 2026.

The lawsuit, filed in the San Francisco County Superior Court of California, names Novolex Holdings LLC, Inteplast Group, and Mettler Packaging LLC as defendants, and seeks civil penalties, disgorgement, and injunctive relief.

These actions reflect California’s heightened scrutiny of environmental marketing claims, particularly those involving recyclability.  They also underscore California’s requirements that environmental claims must be substantiated not only in theory but in practice; “recyclable” claims in the state must be supported not only by evidence that the product can be recycled, but that it is recycled.

SB 1053 will replace SB 270 as of January 1, 2026.  That new law will ban all plastic carryout bags, including “reusable” plastic bags like the ones at issue in these enforcement actions.

Photo of Laura Kim Laura Kim

Laura Kim has a proven track record of successfully resolving clients’ most important consumer protection matters before the FTC, State AGs, and the NAD. She is well-known for her insider knowledge of the FTC as well as her practical approach to accomplishing her…

Laura Kim has a proven track record of successfully resolving clients’ most important consumer protection matters before the FTC, State AGs, and the NAD. She is well-known for her insider knowledge of the FTC as well as her practical approach to accomplishing her clients’ objectives.

As chair of Covington’s Advertising & Consumer Protection Investigations practice group, Laura represents corporate and individual clients in investigations before the FTC and State Attorneys General. She also provides pragmatic compliance advice on a wide range of consumer protection issues, including substantiating claims involving generative artificial intelligence, environmental benefits, and “Made in USA.” She counsels brands on emerging issues involving influencers, consumer reviews, AI-generated content, and subscription autorenewals. Laura regularly represents both challengers and advertisers before the NAD, achieving favorable outcomes in matters involving artificial intelligence, influencers, and claim substantiation.

During her twelve-year tenure at the FTC, Laura served as Assistant Director in two divisions of the Bureau of Consumer Protection, Attorney Advisor to Chairman William E. Kovacic, and Chief of Staff to Bureau Director Jessica Rich. She oversaw major rulemakings—including the Green Guides and the Telemarketing Sales Rule—and supervised dozens of investigations and enforcement actions. As Assistant Director in the Division of Enforcement, Laura also supervised compliance monitoring and enforcement proceedings for companies under federal court or Commission order.

Photo of Taylor Kay Taylor Kay

Taylor Kay is an associate in the firm’s Washington office. She is a member of the Advertising and Consumer Protection Investigations Practice Group and advises clients on a range of matters including endorsements/influencers, claim substantiation, and environmental/”green” marketing. She has also worked on…

Taylor Kay is an associate in the firm’s Washington office. She is a member of the Advertising and Consumer Protection Investigations Practice Group and advises clients on a range of matters including endorsements/influencers, claim substantiation, and environmental/”green” marketing. She has also worked on FTC investigations and regulatory due diligence matters. Taylor also maintains an active pro bono practice with focuses on freedom of speech and LGBTQ+ issues.