Should it be illegal for companies to use the famous "chasing arrows" recycling symbol on products that are not recyclable or are rarely recycled?
The City of Philadelphia certainly thinks so, having filed a lawsuit against two major brands that use the widely recognized symbol on their plastic bags, despite the bags not being recyclable in the city, WHYY reported.
What's happening?
The city has filed a civil lawsuit against Bimbo's Bakery, which owns the popular baked-good brands Thomas', Arnold, and Sara Lee, as well as SC Johnson, the parent company of Ziploc, accusing the companies of misleading consumers by using the recycling symbol on their products' packaging."People are trying to do the right thing," said Renee Garcia, Philadelphia's solicitor general, per WHYY. "They're trying to make their community safer, cleaner and greener … but people are being deceived. People are being deceived on how to get rid of their product."
Not only are Bimbo's plastic bread bags and Ziploc bags not recyclable in Philadelphia, but they actually interfere with the recycling of other materials. Plastic bags like those used by Bimbo's and those sold by Ziploc use plastic film, which can clog recycling machines, hindering the recycling process and endangering workers, city officials said, according to WHYY.
The lawsuit was brought under Philadelphia's 2024 consumer protection law, which allows the city to pursue civil penalties of up to $2,000 per violation as well as court orders banning the offending practices.
Why is it important?
By placing the recycling logo on their rarely, if ever, recycled products, Bimbo's and Ziploc have engaged in a practice popularly known as "greenwashing." Greenwashing generally refers to practices that give off the appearance of being environmentally friendly when they actually are not.Greenwashing hurts the environment by deceptively promising environmentally friendly practices that are either nonexistent or do not correspond with what the company has promised. It also hurts consumers, who might pay extra or make different purchasing decisions based on the false or misleading claims.
Additionally, greenwashing can harm competing brands, which might be more truthful, or at least not as misleading, about their products' environmental impacts.
In the case of Philadelphia's lawsuit against Bimbo's and SC Johnson, shoppers could easily be tricked into thinking they are making an environmentally conscious purchasing decision when they, in fact, are not. Further, as the city officials stated, consumers can then mistakenly believe that it is appropriate to place their plastic bags in the city's recycling bins.
"Largely due to manufacturers' deceptive statements to consumers that they can recycle plastic bags, plastic film is the number one contaminant causing problems for Philadelphia's municipal recycling system," the city's lawsuit said.
What's being done about it?
Although Philadelphia's consumer protection ordinance only applies within the city itself, by bringing its lawsuit, city officials can push the companies to make changes to their practices that will apply elsewhere, as well.If Philadelphia succeeds in getting the defendants to remove the recycling logo from their products, it is unlikely that the companies would produce separate packaging just for products sold in Philadelphia. Therefore, the lawsuit could benefit consumers and the environment elsewhere.
The lawsuit could also act as a deterrent for other companies that engage in similar practices, encouraging companies beyond Bimbo's and SC Johnson to make the change.
Ultimately, the city has not been shy about its true intentions: getting rid of plastic-film waste entirely.
"In the end, we want these companies to stop using this plastic film," said Garcia, the solicitor general, according to WHYY.