Walmart Inc. and Reynolds Consumer Products Inc. will stop selling so-called recycling bags in Minnesota as part of a settlement with the state.
Attorney General Keith Ellison sued the companies in June 2023, claiming the blue tinted bags sold under the Hefty and Great Value brands actually were not recyclable and their use made items put in the bags unrecyclable as well.
Both companies agreed to stop selling the bags for two and a half years and will pay $216,670, and amount equivalent to the profits from selling the bags as well as attorneys' fees and "other monetary relief," the attorney general's office said.
Reynolds and Walmart can resume selling the bags after two and a half years "only if the bags are clearly marked as non-recyclable," the state said.
The state went after Walmart and Reynolds for two reasons, alleging items put in the bags actually ended up in the waste stream instead of being recycled. The bags also can cause problems at material recovery facilities that handle recyclables because film can wrap around spinning sortation equipment and cause malfunctions, the state said. Plastic film also can contaminate other portions of the recycling stream such as paper.
"Minnesotans have one of the highest recycling rates in America because we love our clean land, air and water. I'm pleased that Reynolds and Walmart, who profited from Minnesotans' good intentions, have agreed to stop marketing so-called 'recycling' bags to us that can't be recycled and will disgorge the profits they made off those bags," Ellison said in a statement.
Eureka Recycling is a nonprofit group operating a materials recovery facility serving the Twin Cities area that supported the state's lawsuit.
"It is essential that brands take responsibility for the waste they produce and the claims they make about their products, particularly concerning their recyclability and environmental impact," Eureka Recycling CEO Katie Drews said in a statement. "Consumers genuinely want to make the right purchasing decisions, but they can be misled by false marketing claims."
Reynolds could not be immediately contacted for comment Aug. 2, but did issue a statement to the Minnesota Star-Tribune.
The newspaper reported that while the company said the lawsuit lacked merit, Reynolds was pleased to resolve the matter.
"We remain committed to our sustainability mission to develop innovative products and solutions that simplify daily life and protect the environment," a company spokesperson said in the statement, the newspaper reported.
Walmart continues to sell blue bags on its website, but the description indicates "These bags are not recyclable." The webpage for the product also indicates the bags are "Developed for use in participating municipal programs only."