Walmart and Reynolds Halt Sales of Misleading Plastic Bags in Minnesota

Following allegations by Minnesota’s attorney general, Keith Ellison, Walmart and Reynolds Consumer Products will halt sales of certain plastic bags in the state for two and a half years. The lawsuit, filed in June 2023, accused the companies of falsely marketing Reynolds’ Hefty-brand 13- and 30-gallon bags and Walmart’s Great Value 13-, 30-, and 33-gallon bags as recyclable.

As part of the settlement, the companies must label these bags as non-recyclable if they choose to sell them again after the moratorium.

As part of the settlement, Walmart and Reynolds will pay a total of $216,670, covering the profits made from selling the bags, attorney fees, and other relief. The settlement also mandates that both companies establish legal review processes for marketing claims and provide annual anti-greenwashing training for their marketing teams. Reynolds has expressed satisfaction in resolving the issue despite disputing the merit of the claims, while Walmart has declined to comment.

Attorney General Ellison emphasized Minnesota’s high recycling rates and criticized Reynolds and Walmart for misleading marketing practices that capitalized on the state’s environmental values. He warned other companies against engaging in similar deceptive marketing practices.

The lawsuit is part of a broader trend of legal actions against the plastics industry, which has seen nearly four dozen similar cases since 2015, mostly initiated by citizens or environmental groups.

In recent years, attorneys general in several states, including Minnesota, have intensified efforts against the plastics industry with significant legal actions. This legal activity coincides with growing scientific evidence on the environmental and public health dangers posed by increasing plastic production and waste.

Plastics, composed of numerous chemicals and designed without recycling in mind, are recycled at rates below 10 percent in the U.S., with plastic bags being particularly problematic due to their flimsy nature and tendency to clog recycling equipment.

Ellison’s lawsuit presented evidence of deceptive marketing, including images of Hefty and Great Value bags with labels and colors implying recyclability, which he argued misled consumers. Despite the settlement not constituting an admission of guilt by the defendants, the agreement ensures that misleading marketing practices will be addressed and potentially prevented in the future.