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CT AG Sues Reynolds Over Deceptive Hefty Recycling Bag Claims

Reynolds Consumer ProductsJune 14, 2022Connecticut Attorney General

Summary

Connecticut Attorney General William Tong sued Reynolds Consumer Products for violating the Connecticut Unfair Trade Practices Act by falsely marketing Hefty 'Recycling Bags' as recyclable and suitable for recycling programs, despite knowing they are incompatible with Connecticut's recycling facilities and cause contamination. The lawsuit seeks damages, injunctive relief, and other remedies to stop the deceptive practice.

Remedy

The lawsuit seeks monetary damages including disgorgement of profits and civil penalties, as well as non-monetary relief such as an injunction to prevent further deceptive marketing, corrective notices to consumers, and requirements to prevent harm to Connecticut's recycling systems.

InjunctionMonetary PenaltyConsumer RefundsCorrective Notice

Contract Impact

In-house legal teams should review vendor agreements with suppliers of raw materials, customer contracts with retailers (especially those involving private-label or co-branded products), and marketing/licensing agreements where product claims are made. Specific clauses to scrutinize include representations and warranties regarding product recyclability and compatibility with municipal programs, marketing and advertising compliance clauses, indemnification provisions for false or misleading claims, and termination clauses triggered by regulatory action or misrepresentation. Changes may be needed to require substantiation of all environmental claims (e.g., third-party certifications, facility compatibility tests), mandate pre-approval of marketing language, and include audit rights to verify ongoing compliance with stated recyclability attributes.

Contract Search Terms

recyclability representationenvironmental marketing claimsproduct compatibility warrantyrecycling program participationcontamination liabilitymaterial composition disclosureend-of-life disposal instructionscertification requirements

Laws Cited

Connecticut Unfair Trade Practices Act

Violation Types

Entity Details

Entity

Reynolds Consumer Products

Industry

Other

Official Sources

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