Philadelphia files lawsuit against two companies for allegedly misleading marketing about the recyclability of their products.

Philadelphia has initiated legal action against S.C. Johnson & Son and Bimbo Bakeries USA, alleging that the two companies mislead consumers regarding the recyclability of certain plastic products, specifically Ziploc bags and the plastic packaging used for baked goods such as bagels and English muffins. The lawsuit derives from concerns that these items, often placed in blue recycling bins, contribute to the city’s waste stream despite marketing claims suggesting they can be recycled.

The complaint, filed by the city’s law department and the Hausfeld law firm, accuses the defendants of engaging in a “coordinated campaign of deception.” This tactic, according to the city’s assertions, misleads consumers, generating increased profits from individuals who believe they are making environmentally conscious choices. Although the lawsuit does not specify the number of consumers potentially impacted, it underscores the broader implications for public trust regarding sustainable consumption practices.

The legal challenge is rooted in the recent Consumer Protection Ordinance, endorsed by Mayor Cherelle L. Parker in 2024. The city is seeking not only a modification of the companies’ marketing strategies but also penalties and damages. Mayor Parker emphasized that companies claiming their products are recyclable when they are not are violating both legal standards and public trust while contributing to environmental waste.

In response to the lawsuit, a spokesperson from Bimbo Bakeries stated that the company had not yet received the formal complaint but expressed a commitment to sustainability and active partnership within the communities it serves, including Philadelphia. S.C. Johnson has not provided a comment on the allegations at this time.

The lawsuit also brings to light an often-overlooked gap in consumer understanding regarding recycling plastics. Many individuals erroneously believe that the presence of the universal recycling symbol, depicted as three chasing arrows, guarantees recyclability. The complaint notes that only 8% of Americans recognize the discrepancy between potential and actual recyclability, with 97% thinking the symbol indicates a product is likely or certainly recyclable.

Philadelphia has been proactive in its plastic waste management initiatives, particularly with the implementation of a ban on single-use plastic bags in 2019. However, the alleged deceptive marketing practices by S.C. Johnson and Bimbo Bakeries hinder these efforts, according to the lawsuit. The thin, flexible materials used in products like Ziploc bags and bread bags are frequently incompatible with municipal recycling systems, leading to increased contamination.

Furthermore, the complaint states that while some products include “store drop-off” labels, consumers often misconstrue what this means regarding actual recycling efforts. Despite the existence of private recycling programs advocating for plastic reprocessing, they often involve challenging logistics that deter consumer participation. The lawsuit argues that a clear and transparent approach to recycling communication from manufacturers is essential to promote genuine sustainable practices and restore consumer trust in product claims.

In conclusion, Philadelphia’s lawsuit represents a significant step in addressing misleading marketing within the plastic packaging industry, highlighting the urgent need for clarity and honesty in environmental claims to better inform consumer choices and foster a more sustainable future.