California has reached a settlement with several plastic bag manufacturers over allegations of misleading sustainability claims, according to the Associated Press, but the state has also filed an additional lawsuit.
California became one of the first states to implement what is commonly called a "plastic bag ban" in 2014.
Typically, plastic bag bans aren't literal bans -- legislation varies from jurisdiction to jurisdiction, but they tend to involve a modest surcharge on plastic bags or paper bags, thereby encouraging shoppers to bring or buy reusable shopping bags.
On Oct. 17, California Attorney General Rob Bonta issued a press release announcing the conclusion of a statewide investigation into the "unlawful sale of non-recyclable plastic bags" in the years since the legislation (Senate Bill 70, or SB 70) went into effect.
According to KABC, after SB 70 was implemented, consumers had the option of purchasing "thicker plastic bags that needed to be reusable and recyclable" for 10 cents at the point of sale.
Bonta asserted that four major manufacturers led consumers to believe that their products were compliant with the law, but their plastic bags could not be recycled. In his press release, the attorney general said California intended to hold corporate polluters liable.
"Through our investigation, we are bringing to light how powerful companies have broken the law and prioritized profits over our environment," Bonta began.
"The consequences of these violations are severe: Billions of plastic carryout bags end up in landfills, incinerators, and the environment instead of being recycled as the bags proclaim. Our legal actions today make it clear: No corporation is above the law."
Bonta's press release mentioned the severe and pervasive impact of plastic pollution and microplastics, noting that the latter had been found in human "lungs, blood, and in breast milk."
However, he touched on another issue that went beyond the risks posed to the environment and human health by the alleged actions of the manufacturers.
Greenwashing is a practice wherein companies and corporations make misleading or false claims about environmentally friendly practices, often either to skirt laws or to leverage green spending.
When consumers are deceived by greenwashing, they can become cynical about genuine sustainability efforts by big brands. Bonta alluded to this at a press conference.
"In California, we're making it clear. Truth matters. Public trust matters. Environmental protection matters," he said.
In the press release, Bonta indicated that California settled with four plastic bag manufacturers for $1.8 million, and the brands agreed to stop making new bags after their stock was depleted.
California sued an additional four plastic bag makers, alleging they collectively violated "Senate Bill (SB) 270, the Environmental Marketing Claims Act (EMCA), False Advertising Law (FAL), and Unfair Competition Law (UCL)."