By Valerie Volcovici

LOS ANGELES, (Reuters) – A state-appointed panel alleged that big retailers were violating California law and mislead consumers by selling shopping bags with symbols and language suggesting the bags can be recycled.

Reuters reports that this group is asking California to require retailers to remove the iconic “chasing arrows logo” from bags and to replace it with the words “recycle”, and “recyclable”. This move may make bags unreachable at checkout counters across America’s most populous states if it is successful. It is also targeting padded envelopes, packaging materials and certain grocery products.

In a December 3rd letter, the California Statewide Commission on Recycling Markets & Curbside Recycling asked CalRecycle’s regulator CalRecycle for help in addressing illegal labeling claims that are undermining efforts by the state to reduce plastic pollution.

Californians are being fooled by recycling symbolisms and mistakenly tossing the material in curbside collections that won’t take it. This is driving up the costs of recycling companies that remove the material from the waste stream, and repair equipment damaged by the soft plastics.

The complaint did NOT name retailers. California Grocers Association (CGA), stated that it doesn’t believe the current recycling labels for reusable bags are misleading. Nate Rose, spokesperson for CGA said that the bags comply with the law’s certification guidelines. These include the requirement that the bags be at least 40% recycled post-consumer material and durable enough to last 125 uses.

Heidi Sanborn (chair of the recycling commission) spoke to Reuters and said that it is not surprising that Californians feel confused.

Sanborn is the founder director of National Stewardship Action Council. The council works to reduce product scrap. It is composed of 16 members, including waste industry professionals as well environmental advocates. The commission is responsible for advising CalRecycle as well as making recommendations to improve the state’s recycling program.

California’s state ban on single-use shopping has been criticized for creating a loophole. The complaint was filed by the commission as California struggles to address it. This legislation, which was first of its kind anywhere in the country, faced stiff opposition from the industry. The failed attempt to stop the bill cost the state nearly $6 million, according to state lobbying records.

Retailers could sell plastic bags made from reusable materials for as low as 10 cents each under a compromise provision of the bill. It also stipulates that the bags have to be recyclable in California.

This provision is what has led to the recycling commission calling for its enforcement by the government. Converting soft plastics like shopping bags and packaging film into new products can be costly. Recycling companies say there is no demand for such materials. California’s curbside recycling program does not accept these products. According to the commission, these items should not be considered “recyclable.”

In a similar vein, the commission claims that certain retailers lie to consumers to deceive them, in light of rising public pressure to reduce trash.

Four of four members of the Commission told Reuters they haven’t seen any evidence from retailers that their programs actually recycle this material. They said that in-store recycling bins tend to collect a lot of garbage and end up in the landfills.

CVS Pharmacy is a drugstore unit of Rhode Island’s CVS Health Corp (NYSE) that offers bag-return program. It sells plastic bags made from reusable materials with the “chasing Arrows” logo on them. Fine print instructions are included informing customers to return their bag at participating shops.

Eva Pereira, CVS Health spokesperson, did not answer questions regarding how many California-based stores the company has. CVS has hired outside companies to manage its recycling efforts in stores, and she expects those firms’ compliance with law. The company’s major recycling solution vendor, g2 Revolution, didn’t respond to inquiries for comment.

Amazon.com Inc. (NASDAQ:) also supports a California plastics recycling program. Saige Kolpack spoke on behalf of the Seattle-based retailer, and stated that it is making rapid progress in decreasing its use single-use plastic containers. When asked by Reuters if she could provide proof that California’s initiative has recycled its waste, Saige Kolpack said that they don’t know.

Walmart (NYSE:) spokesperson Lauren Willis said the bags the retail giant sells in California are designed to meet the requirements of the state’s plastic bag law and “are 100% recyclable through our in-store collection program along with other polyethylene film items that aren’t typically curbside recyclable.” Requests for documentation or information about how these materials are recycled were not answered by Willis. Walmart California boasts 311 retail outlets, including Supercenters, Neighborhood Markets, and Sam’s Club Warehouse Stores.

Lance Klug spoke for CalRecycle and said that the regulator is in favor of eliminating misleading labeling on packaging film and plastic bags. He said that enforcement is up to the local district attorneys as well as California Attorney General Rob Bonta.

Bonta said that while it remains committed to protecting state environment laws, it cannot comment on ongoing or potential investigations.

The commission advised that California could ban the sale or make it compulsory for retailers to recycle these films and bags. Jan Dell is a founding member of The Last Beach Cleanup environmental group.

She stated, “This will make it impossible for them to claim their products can be recycled.”

RECYCLING MENACE

The United Nations claims that less than 10% global plastic production has been recycled. That’s because it is cheaper to burrow or burn it.

The waste is blocking landfills, threatening the environment and endangering wildlife. The governments around the world have responded by enacting polluter-pays legislations as well as banning single-use plastic, such drinking straws or shopping bags.

California law requires that the thicker, more expensive plastic bags sold now by retailers be used at least dozens of times. Environmentalists claim that many people throw away the bags in their garbage. They added that even worse is the fact that many of these items end up in recycling containers, complicating work for recyclers.

Pete Keller, Vice President at Recyclers, stated that recyclers must spend time picking bags from the waste stream to prevent damage to their sorting machinery. Republic Services Inc (NYSE:), the United States’ largest waste manager. He stated that many bags get wrapped around the spinning discs, which are used to separate the waste according to size and weight. This forces recyclers into shutting the machines down.

Keller indicated that he supported the elimination of any recycling language in these bags, as part of an education program to convince Californians to put them in their curbside trash cans.

Plastic industry claimed that this would make it a mistake, as there would be more trash. Zachary Taylor from the American Recyclable Plastic Bag Alliance said that some labels refer consumers to How2Recycle. This website provides information on how to recycle through store programs. This alliance is part the Plastics Industry Association lobbying organization that opposed California’s ban on bags.

Taylor explained that taking away state-mandated labeling…will lead to more plastic going to landfills.”

The state of California will respond to this recycling commission by requiring retailers to show that their bags are recyclable.

The state must take immediate action to ensure compliance with the new enforcement requirements. The new “truth-in-labeling” environmental measure was signed by Governor Gavin Newsom in October. It applies to all packaging and products sold in California, not just shopping bags. This legislation prohibits companies from using the words “recyclable” and the symbol with the chased arrows symbol to identify items that can’t be recycled in the real world.

The legislation will take effect June 2025. CalRecycle will need to compile a list identifying recyclable plastics that it considers suitable for curbside programs.