SAN FRANCISCO (Legal Newsline) – The maker of Hefty recycling bags says it doesn’t mislead customers after being sued by one of them who thinks that term should indicate the bags are recyclable.
Reynolds Consumer Products argues in a June 29 motion to dismiss that class action plaintiff Lisabeth Hanscom and her lawyers at Gutride Safier failed to plausibly allege the wording on Hefty’s labels is likely to deceive a reasonable customer.
The bags themselves can’t be recycled. But they are a transparent blue and used to hold recyclables, leading to the dispute over what the term “recycling bag” would lead a buyer to expect.
“Reynolds does not state, or even suggest, that Hefty recycling bags are recyclable,” the motion says. “Nor does the adjective ‘recycling’ connote that the noun it modifies (such as a ‘recycling bin’ or a ‘recycling truck’) is capable of being recycled.
“And while Plaintiff claims that a recycling bag cannot be ‘suitable for recycling’ unless the bag is itself recyclable, her subjective and unreasonable interpretation of the term ‘recycling bag’ does not suffice to state a plausible claim.”
The motion says:
-Hanscom’s fraud-by-omission claim fails because she has not alleged the bags’ lack of recyclability is contrary to representations made on their packaging;
-Hanscom’s claim the labeling is unlawful fails because “recycling bag” does not fall within the environmental marketing statutes and regulations she cites that only apply to claims a product is recyclable; and
-Hanscom’s unfair business practices claim fails because California public policy doesn’t suggest a recycling bag that is not recyclable should not be used in the recycling process.
The company cites a decision that found Diet Dr. Pepper doesn’t promise to assist in weight loss just because it is labeled “diet.”
“Here too, Plaintiff’s claim fails because it is premised on her unreasonable interpretation of the term ‘recycling bag,’” the motion says.
“When used as an adjective, the term ‘recycling’ implies only that the item plays some role in the recycling process… It does not imply that the item itself is recyclable.”