Recycling and greenwashing claims: where we focus
The fastest-growing area of our consumer practice is environmental marketing. Shoppers pay more for products labeled "recyclable," "compostable," "sustainable" or "eco-friendly" — and California now has the strictest rules in the country about when a company may say so. A chasing-arrows symbol on foam, flexible plastic or mixed-material packaging that no California facility actually recycles is a deceptive claim under the Consumers Legal Remedies Act, the False Advertising Law and the Unfair Competition Law. We bring these cases on behalf of every California purchaser, and we investigate them the way they have to be investigated: which facilities accept the material, what the certification actually covers, what the company's own reports say.
Learn more about recycling & greenwashing claims
Three California laws that protect you
Almost every false-advertising case we bring — recycling and greenwashing cases included — rests on the same three statutes, and each one adds something the others don't:
- Consumers Legal Remedies Act (CLRA) — Civil Code §1750Outlaws more than two dozen specific deceptive practices in sales of goods and services: misrepresenting a product's characteristics or benefits (including that it is recyclable, compostable or environmentally friendly), what it is made of, where it comes from, whether it's new, what the warranty covers. It is the only one of the three that allows money damages and punitive damages, plus attorneys' fees — and seniors and disabled consumers can recover up to $5,000 more.
- False Advertising Law (FAL) — Bus. & Prof. Code §17500Makes it unlawful to publish advertising that is untrue or misleading and that the company knew, or should have known, was untrue. It also governs fake "was $X" reference prices, "Made in USA" claims, environmental marketing claims and automatic-renewal subscriptions.
- Unfair Competition Law (UCL) — Bus. & Prof. Code §17200Prohibits any business practice that is unlawful, unfair or fraudulent. It borrows every other consumer law — so a labeling violation, a warranty violation or an FTC rule violation becomes a UCL violation — and it asks a simple question: would a reasonable consumer be misled? It carries a four-year limitations period, the longest of the three.
Together they let a court order a company to stop the practice, refund what people paid, correct the labeling or advertising, and pay the consumers' attorneys' fees — so pursuing the claim costs you nothing.
What we see most often
- "Recyclable" labels and the chasing-arrows symbol on packaging that California recycling programs don't actually accept
- "Compostable," "biodegradable," "sustainable," "carbon neutral" and other greenwashing claims the company's own practices contradict
- "Natural," "organic," "clean" or "non-toxic" products that contain synthetic ingredients
- Ingredient, protein or dosage claims the product doesn't deliver
- "Made in USA" products manufactured or substantially sourced elsewhere
- "Clinically proven" and other health claims with no real support
- Hidden fees, drip pricing, and phony "sale" prices compared to a price that never existed
- Subscriptions that auto-renew without the clear disclosure and easy cancellation California requires
- Warranties and "lifetime guarantees" the company refuses to honor
How a consumer case works
- Free evaluationTell us what you bought, what it claimed, and what you found. Keep the product, packaging, receipt and any screenshots.
- InvestigationWe verify the claim before anything is filed — for recycling and greenwashing claims, that means surveying which California facilities actually accept the material and checking certifications; for other claims, lab testing, label review and pricing history.
- CLRA noticeThe company gets a written 30-day demand to fix the problem for everyone. Some do. Most don't.
- Filing and class certificationWe file in California Superior Court on behalf of every affected purchaser and ask the court to certify the class.
- ResolutionMost cases settle with refunds and a court-enforceable change to the labeling or practice. If not, we try the case. You pay nothing; fees come from the defendant or the settlement.
Ask a lawyer about your case
We are prepared to discuss your case and determine what legal action should be taken — whether it is an individual claim or a case on behalf of everyone affected. We offer free consultations and charge nothing upfront. Our office is in San Diego, and we routinely handle cases in all State and Federal Courts throughout California — wherever in the state you live or work.