Plastic Bag Manufacturers Investigation Concludes: Attorney General Bonta Announces Settlement, Files Lawsuit

SAN FRANCISCO – Concluding his statewide investigation into plastic bag producers and whether the plastic bags they have sold in California are recyclable in this state, as required under state law, California Attorney General Rob Bonta today announced a settlement with four plastic bag producers, Revolution Sustainable Solutions LLC (Revolution), Metro Poly Corp. (Metro Poly), PreZero US Packaging LLC (PreZero), and Advance Polybag, Inc. (API), resolving alleged violations of Senate Bill (SB) 270, the Environmental Marketing Claims Act (EMCA), False Advertising Law (FAL), and Unfair Competition Law (UCL), stemming from the unlawful sale of non-recyclable plastic bags in California. The Attorney General today also announced a lawsuit against Novolex Holdings LLC, Inteplast Group Corp., and Mettler Packaging LLC alleging violations of the same laws and seeking monetary penalties, disgorgement, and injunctive relief.

“At the California Department of Justice, we have been unwavering in our commitment to exposing illegal actions at the root of the plastic pollution crisis — not just the environmental harm, but corporate legal violations driving it,” said Attorney General Bonta. “Through our investigation, we are bringing to light how powerful companies have broken the law and prioritized profits over our environment. The consequences of these violations are severe: Billions of plastic carryout bags end up in landfills, incinerators, and the environment instead of being recycled as the bags proclaim. Our legal actions today make it clear: No corporation is above the law.”

Single-use plastics, including plastic-bags, comprise much of the plastic waste that escapes into the environment. Plastic bags block waterways, pollute ecosystems, and harm wildlife.  Plastic does not biodegrade, instead it breaks down into smaller pieces called microplastics. Microplastics have been found in drinking water, food, and even the air people breathe. More recently, microplastics have been found inside the human body: in our lungs, blood, and in breast milk. 

The seven manufacturers at issue here have provided billions of plastic bags used by California grocery retailers and have certified that these bags meet recyclability requirements as required by SB 270. However, despite the manufacturers' claims and widespread consumer belief, these plastic bags do not, in fact, appear to generally be recyclable, let alone "recyclable in the state," as SB 270 requires. The Attorney General is responsible for the enforcement of California’s laws, including SB 270 and the state’s unfair competition, false advertising, and misleading environmental marketing laws. 

Settlement

In November 2022, Attorney General Bonta launched an investigation into producers of plastic bags over concerns that their recyclability claims are misleading. The Attorney General sent demand letters requiring producers to substantiate their claims that their bags are recyclable, including evidence supporting self-certifications of the bags’ recyclability, use of the “chasing arrows” symbol, and explicit and implicit claims relating to recyclability. 

As part of today’s settlement, Revolution, Metro Poly, PreZero, and API have agreed to halt plastic bag sales in California and collectively pay $1,753,000, which includes $1,115,750 in civil penalties and $636,250 in attorneys’ fees and costs.

Copies of the settlements, which are subject to court approval, can be found here, here, and here. 

Lawsuit

As part of the same investigation, Attorney General Bonta today filed a lawsuit against Novolex Holdings LLC, Inteplast Group Corp., and Mettler Packaging LLC for allegedly violating SB 270, EMCA, FAL, and UCL. As part of its investigation, California DOJ issued investigative subpoenas to these plastic bag producers, which demonstrated that their bags were in fact not recyclable in the state, as required under SB 270 and as the producers claimed with the labeling on their plastic bags. Specifically, the producers were unable to produce any documents with information regarding the quantity of plastic bags that are recycled at the producers’ own facilities; provide any firm evidence that recycling facilities in California recycle plastic bags, including facilities that producers identified as those they believe recycle their bags; and identify the percentage of plastic bags the producers sold to stores in California that were recycled. The producers also affirmed that their plastic bags display the chasing arrows symbol and direct consumers to recycle the bags, which are “claims” subject to the EMCA. Additionally, the investigation included a statewide survey to verify whether waste processing and recycling facilities accept plastic bags for recycling. Out of the 69 facilities surveyed, only two claimed to accept plastic bags, but could not confirm the bags were, in fact, recycled. This conclusion confirms that the vast majority of facilities in California do not accept plastic bags or process them for recycling.

This evidence culminates in today’s lawsuit, showing that these manufacturers violated all the laws stated above. In his lawsuit, the Attorney General is seeking monetary penalties, disgorgement, and injunctive relief.

A copy of the complaint can be found here.