The city of Philadelphia has filed a lawsuit against consumer packaged goods (CPGs) manufacturers Bimbo Bakeries and SS Johnson & Son, accusing them of falsely labelling their packaging as recyclable.
Bimbo Bakeries is a manufacturer whose portfolio includes the brands Thomas, Sara Lee, Entenmann’s, Arnold and Freihofer’s. SS Johnson & Son is a household goods manufacturer, known for Ziploc plastic storage bags.
The complaint, lodged in the Court of Common Pleas with co-counsel from Philadelphia-based law firm Hausfeld, claims that both companies have engaged in deceptive marketing practices.
The lawsuit targets the companies’ use of language and symbols, including the chasing arrows symbol, on Bimbo’s plastic film bread bags and SC Johnson’s Ziploc packaging, alleging that such labelling "is profoundly misleading at best."
The city argues that the companies’ marketing misleads consumers into believing their single-use plastic bags are recyclable, despite "technical and economic realities" that render recycling these bags close to impossible, resulting in significant contributions to plastic waste.
Both Bimbo Bakeries and SC Johnson have been accused of "parallel deceptive marketing," a strategy that allegedly leads consumers to purchase their products under the false impression that they are environmentally friendly.
The lawsuit asserts that "even if it is theoretically possible to recycle plastic bags under limited circumstances," these bags almost always end up as waste.
Philadelphia is seeking court-ordered injunctions to compel the companies to revise their recycling-related labelling and is pursuing damages of an undisclosed amount.
The city highlights that plastic film, largely due to misleading recyclability claims, is the primary contaminant in its municipal recycling system, costing thousands of dollars annually in remediation efforts.
In response, Bimbo Bakeries stated it is "committed to zero waste across our operations, including consumer packaging, and to being a strong partner in every community we serve, especially our hometown of Philadelphia."
The company noted it had not yet been served with the complaint but would review it upon receipt.
SC Johnson could not be reached for comment.
Emphasising the broader implications of the issue, Mayor Cherelle Parker stated: "Companies that label their products with the goal of implying their product is recyclable when it isn’t are not just breaking the law, but they are violating public trust and contributing to waste."
City Solicitor Renee Garcia further criticised the companies for their lack of transparency, noting: “These practices violate the law, deceive consumers and contribute to environmental pollution and the disruption of recycling operations, costing the city thousands of dollars every year in remediation.”
