Sullivan & YaeckelLaw Group APC
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Green
Recycling & greenwashing claims

“Recyclable.” “Sustainable.” “Regenerative.” Prove it.

Shoppers pay more for products that claim to be better for the planet. California is the strictest state in the country about those claims — and we have taken major brands to court over them. Recycling and greenwashing cases are the core of our consumer practice.

Recycling claims under the CLRA

The Consumers Legal Remedies Act (Civil Code §1770) makes it unlawful to represent that a product has "characteristics, ingredients, uses, benefits, or quantities" it does not have. Telling a shopper a cup, a container or a wrapper is recyclable — with the word or the chasing-arrows symbol — when no recycling program in California will take it is exactly that kind of misrepresentation. Because it is a CLRA violation, the consumer can recover damages and attorneys' fees, and a court can order the label removed for every purchaser. We pair the CLRA with the two statutes below in nearly every recycling case we file.

California's rules on environmental marketing

Business & Professions Code §17580.5 makes it unlawful to make any untruthful, deceptive or misleading environmental marketing claim, and it adopts the Federal Trade Commission's Green Guides as the standard. On top of that, California's truth-in-labeling law for recyclability (SB 343) means a company may only use the chasing-arrows symbol or call a product "recyclable" if it is actually collected and processed by recycling programs serving the large majority of Californians. Foam, most flexible plastic and many mixed-material packages don't qualify.

  • "Recyclable" and the chasing-arrows symbolUsed on foam, flexible plastic and mixed-material packaging that no California facility actually recycles.
  • "Compostable" and "biodegradable"California bans "biodegradable" claims on plastic outright and requires certification for compostability.
  • "Sustainable," "regenerative," "eco-friendly," "carbon neutral"Vague feel-good claims that a company's actual practices — water use, sourcing, emissions — contradict.
  • "Non-toxic," "chemical-free," "PFAS-free"Health-and-environment claims the product's own test results disprove.

Our experience

Our attorneys have brought greenwashing class actions in San Diego Superior Court on behalf of California purchasers — challenging "recyclable" labeling on packaging that no recycling program in the state accepts, and "sustainable" and "regenerative" marketing that a company's own practices contradicted — under the False Advertising Law and Unfair Competition Law.

Greenwashing cases are won on facts a shopper can't see from the shelf: which facilities accept a material, what a certification actually covers, what a company's own reports say. We do that investigation before we file.

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.

Free consultation · No upfront cost

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.

Start your free consultation 619-702-6760