California Sues Plastic Bag Manufacturers Over Alleged False ‘Recyclable’ Claims

The state filed lawsuits against Novolex, Inteplast, and Mettler for selling thicker bags as recyclable without proof in violation of state law.

A woman loads groceries into her car at a Safeway store in San Francisco on March 28, 2007. David Paul Morris/Getty Images

California Attorney General Rob Bonta announced a lawsuit against three major plastic bag producers and settlements with four others on Oct. 17, alleging the manufacturers made false claims that their bags were recyclable.

The lawsuit targets Novolex Holdings LLC, a global packaging giant, Inteplast Group Corp., and Mettler Packaging LLC, which are alleged to have failed to hand over evidence that the companies recycle their bags in California, despite being certified under Senate Bill 270, which banned single-use bags in 2017. In 2022, Bonta demanded proof of recyclability from bag makers, amid California’s push against single-use plastics.

In the lawsuit, the state claimed that thicker plastic bags—sold as reusable and recyclable—were misleading consumers and exacerbating environmental harm.

“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,” Bonta said in a statement.

Bonta’s office is seeking civil penalties, disgorgement of profits, and injunctions to stop further violations.

Meanwhile, settlements with Revolution Sustainable Solutions LLC, Metro Poly Corp., PreZero US Packaging LLC, and Advance Polybag, Inc. mean the companies must immediately cease selling plastic bags in California and pay a total of $1,753,000, including $1,115,750 in penalties and $636,250 in attorneys’ fees and costs.

These resolutions are still pending court approval.

The settlements followed a three-year investigation beginning in November 2022. Bonta required proof from seven manufacturers to back their recyclability claims.

Bonta initiated the probe after a letter, published in 2021, from the California Statewide Commission on Recycling Markets and Curbside Recycling requested enforcement of the state’s laws against plastic bags and films, arguing that the marketing confused consumers and contaminated recycling streams.

The commission’s report noted that flexible plastics, such as bags, represent 12 percent of curbside contamination in terms of weight, which cannot be properly handled by machinery at materials recovery facilities (MRFs), resulting in rising costs and decreasing the market value of recyclables like paper. The commission called for a prohibition on the “chasing arrows” recycling symbol on such products.

CalRecycle highlighted that California’s 2017 ban tried to eliminate thin single-use bags by allowing retailers to sell thicker reusable ones for at least 10 cents, given they are made from recycled content and are recyclable in the state. Critics said this was a loophole, since many bags became waste as a result of inadequate recycling infrastructure.

A statewide survey conducted during the investigation showed that of 69 waste processing facilities, only two claimed to accept plastic bags, but they were unable to confirm the bags were ultimately recycled, since most facilities do not accept the bags in order to avoid equipment jams.

It isn’t the first time the state of California has filed lawsuits against companies over alleged misleading recycling claims. In 2024, Bonta sued ExxonMobil over alleged plastic recycling deception.

Reuters contributed to this report.