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Minnesota Settles ‘Deceptive Environmental Marketing’ Lawsuit Over ‘Recycling’ Plastic Bags – Inside Climate News

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Minnesota Settles ‘Deceptive Environmental Marketing’ Lawsuit Over ‘Recycling’ Plastic Bags – Inside Climate News


Walmart and Reynolds Consumer Products have agreed to stop selling certain plastic bags in Minnesota for two and a half years, after the state’s attorney general, Keith Ellison, argued in court that the companies had falsely marketed them as recyclable.

Reynolds makes the blue or clear 13- and 30-gallon-sized Hefty-brand plastic bags that Ellison targeted in the lawsuit, filed in June 2023 in Ramsey County District Court. The lawsuit also made similar claims against 13-, 30- and 33-gallon bags sold under Walmart’s Great Value brand.

If Walmart or Reynolds resume selling the bags after the moratorium, they must be labeled as non-recyclable, according to the settlement agreements with Walmart and Reynolds reached Thursday.

The two companies have agreed to pay a collective total of $216,670, which includes 100 percent of the profits they made in selling the bags, the state’s attorney fees and other monetary relief, according to a press release from Ellison’s office.

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“Defendants shall establish and enforce marketing claims legal review processes and provide anti-greenwashing trainings to their marketing teams at least annually,” according to the settlement document.

In a written statement, Reynolds said: “We believe these claims lack merit, but are pleased to put this matter behind us. We remain committed to our sustainability mission to develop innovative products and solutions that simplify daily life and protect the environment.”

A Walmart spokeswoman declined to comment on the settlement.

“Minnesotans have one of the highest recycling rates in America because we love our clean land, air, and water,” Ellison said in the press release. 

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Bag It: The Plastics CrisisBag It: The Plastics Crisis

“I’m pleased that Reynolds and Walmart, who profited from Minnesotans’ good intentions, have agreed to stop marketing so-called ‘recycling’ bags to us that can’t be recycled and will disgorge the profits they made off those bags,” he said. “Any other companies thinking about greenwashing their products to market them deceptively to Minnesotans should know by now that I will not hesitate to hold them accountable under the law.”

The Minnesota lawsuit is among nearly four dozen filed since 2015, mostly by citizens or environmental groups, that target the plastics industry, according to a plastics litigation tracker at The New York University School of Law.

But more recently, attorneys general in Connecticut, Minnesota and New York have raised the stakes with their own plastics lawsuits, bringing with them considerable legal firepower. 

The litigation comes amid a rapidly expanding body of scientific knowledge detailing how burgeoning plastics production and plastic waste damage the planet and threaten public health. 

Plastics are made with thousands of chemicals and were never designed to be recycled. Recycling rates in the United States are thought to be less than 10 percent. Bags are among the harder items to recycle, and their film-like and flimsy nature can clog recycling equipment.

Ellison had argued that Walmart’s and Reynolds’ marketing had violated state laws that prohibit false statements in advertising, deceptive environmental marketing and consumer fraud. The settlement agreement included a provision that it should not be considered an admission of guilt or violation by the defendants.

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The lawsuit showed photos of marketing that Ellison claimed were intended to falsely persuade Minnesotans that the bags were meant for use during recycling and could be recycled. Some of them were a blue color associated with some recycling programs and included a declaration that those were “intended for use in municipal recycling programs where applicable,” according to the lawsuit.

Certain clear bags, the lawsuit claimed, were identified as “transparent for quick sorting and curbside identification.” Reynolds also prominently placed the all-caps word “RECYCLING” on the front label of Hefty “Recycling” trash bags, with packaging that showed an image of a clear bag filled with plastic and these words, the lawsuit alleged: “HEFTY RECYCLING BAGS ARE PERFECT FOR ALL YOUR RECYCLING NEEDS.”

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Reshuffled Minnesota governor’s race after Walz exit will pose challenges for both parties

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Reshuffled Minnesota governor’s race after Walz exit will pose challenges for both parties


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Over 1,000 arrested in ‘massive’ Minnesota operation, including murderers, rapists, pedophiles

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Over 1,000 arrested in ‘massive’ Minnesota operation, including murderers, rapists, pedophiles


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Federal authorities have arrested more than 1,000 in Minnesota, including alleged murderers, rapists, pedophiles and gang members, after sending a surge of agents to the state in its “massive” response to the rampant fraud still being uncovered.

Assistant Homeland Security Secretary Tricia McLaughlin told Fox News Digital that since the agency “surged law enforcement” to Minnesota last week, it “has already made more than 1,000 arrests of murderers, rapists, pedophiles, and gang members.”

DHS said that among those arrested was a Somali criminal illegal alien named Liban Ali Osman, 43, who the agency said was convicted of robbery in Columbus, Ohio. Osman was sentenced to three years in prison and has had a final order of removal since May 17, 2011.

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Another, Vannaleut Keomany, a 59-year-old criminal illegal alien from Laos, arrested in the crackdown, was convicted of two counts of rape, also in Columbus. DHS said Keomany was sentenced to seven years in prison and has had a final order of removal since Dec. 17, 2009.

FRAUD FALLOUT FORCES DEMOCRATIC GOV. TIM WALZ TO ABANDON MINNESOTA RE-ELECTION BID

Homeland Security investigators were part of a large fraud investigation on Monday in Minneapolis following the release of a video on alleged day care fraud. (Department of Homeland Security)

Federal agents also arrested another Laotian, Por Moua, 50, during the operation. Moua has convictions for first-degree great bodily harm, sexual intercourse with a child in California, and false imprisonment.

A third Laotian, Sing Radsmikham, 52, was arrested in the operation and has been convicted of fourth-degree criminal sexual conduct using force or coercion in Roseau County, Minnesota. He has had a final order of removal since 2004.

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Tou Vang, a 42-year-old from Laos, was arrested and has been convicted of first-degree criminal sexual conduct with a child under 13. Vang has had a final order of removal since 2006.

Somvang Phrachansiry, a 63-year-old from Laos, was arrested. He has been convicted of third-degree criminal sexual conduct and second-degree assault with a dangerous weapon and has had a final order of removal since 2001.

Javier Bulmaro Turrubiartes, a 49-year-old criminal alien from Mexico, was arrested in Minnesota. Turrubiartes has previously been arrested for soliciting children through electronic communication to engage in sexual conduct and convicted of hiring or agreeing to hire a child under 16 for prostitution.

ICE BLASTS HILTON AFTER EMAILS ALLEGEDLY SHOW HOTEL REFUSING ROOMS TO IMMIGRATION AGENTS

Left to right from top: Ban Du La Sein, Vannaleut Keomany, Sing Radsmikham, Liban Ali Osman, Tou Vang, Por Moua, Javier Bulmaro Turrubiartes, Somvang Phrachansiry, Angel Edwin Quiquintuna Capuz and Joel Cuautle-Ocelotl. (Stephen Maturen/Getty Images; DHS)

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Another illegal from Mexico, Joel Cuautle-Ocelotl, 51, was nabbed in the roundup. He has been convicted of third-degree assault with intent to cause physical injury in New York and driving while impaired in Minnesota.

Ban Du La Sein, a 47-year-old from Burma who has been convicted of third-degree criminal sexual conduct using force or coercion in Nobles County, Minnesota, was also arrested.

Angel Edwin Quiquintuna Capuz, a 26-year-old from Ecuador, was arrested by federal agents. Capuz has previously been convicted of robbery in Columbus and been arrested for driving while intoxicated, assaulting a police officer, obstructing the legal process and disarming a peace officer.

DHS surged roughly 2,000 federal agents and officers from U.S. Immigration and Customs Enforcement’s deportation branch and Homeland Security Investigations, according to CBS News. The outlet reported the operation will be a 30-day surge in the Twin Cities area. It also said that U.S. Customs and Border Protection Commander Gregory Bovino will help oversee the operation.

McLaughlin said that “while for the safety of our officers we do not get into law enforcement footprint,” she confirmed that “DHS has surged law enforcement” to the Twin Cities area.  

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KLOBUCHAR WEIGHING RUN FOR MINNESOTA GOVERNOR AS WALZ ENDS RE-ELECTION BID AMID FRAUD SCANDAL

Agents with the Department of Homeland Security in a Minneapolis store. The agency said it had launched an operation to identify, arrest and remove criminals who are suspected of fraud. (Department of Homeland Security)

Minnesota has come under intense scrutiny in recent weeks after authorities revealed multimillion-dollar fraud operations in the state, resulting in dozens of arrests and indictments.

Last week, Homeland Security announced it was launching a “massive operation” in Minnesota to “identify, arrest, and remove criminals who are defrauding the American people.”

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The announcement came after the release of a video by an independent journalist who questioned daycare center operators in the area.

In an X post, the agency vowed to “root out this rampant fraud plaguing Minnesota.”

Fox News Digital’s Luis Casiano contributed to this report.



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Minnesota investigators say child care centers accused of fraud in viral video are operating normally. Here’s what comes next | CNN

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Minnesota investigators say child care centers accused of fraud in viral video are operating normally. Here’s what comes next | CNN


It was the viral video seen ‘round the world.

The 43-minute video, posted to YouTube the day after Christmas by a 23-year-old conservative content creator, claimed with little evidence Somali-run child care centers in Minnesota were fraudulently taking funding meant to provide child care for low-income families. The video, boosted by Vice President JD Vance and tech billionaire Elon Musk, quickly racked up millions of views.

The impact was swift: DHS and the FBI ramped up their presence in the state, and federal funding for child care in the entire state was frozen.

But a week later, state officials said the child care centers accused of fraud in the video were all operating as expected when visited by investigators.

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The state’s initial findings cast doubt on the claims of fraud articulated in the viral video. Still, investigations into alleged wrongdoing are ongoing. Minnesota officials have until January 9 to provide the Trump administration with information about providers and parents who receive federal funds for child care, according to a bulletin sent Friday by the state Department of Children, Youth, and Families to child care providers and shared with CNN.

The Trump administration’s demands are the latest step in a yearslong saga that started with investigations into theft of government funds in Minnesota under the Biden administration.

Here’s what we know about the investigations and what comes next as crucial funding for child care hangs in the balance for thousands of Minnesota families.

On December 30, Department of Health and Human Services Deputy Secretary Jim O’Neill announced the agency was freezing all child care payments to Minnesota. The state typically receives about $185 million annually in federal child care funding, supporting care for 19,000 children.

“Funds will be released only when states prove they are being spent legitimately,” he added. He said he had demanded Gov. Tim Walz provide a “comprehensive audit” of the centers featured in the video.

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The proof must be shared with the government by January 9, according to the email sent by state officials to child care providers. The email said HHS has requested specific details, including the total amount of Child Care and Development Fund payments received by five child care centers and administrative data – like names and social security numbers – for all recipients of federal money. The fund is the main source of federal support for child care and includes the Child Care Assistance Program, which Nick Shirley, the creator of the viral video, alleged was being exploited in Minnesota.

An HHS spokesperson confirmed the January 9 deadline to CNN.

Investigators with the Minnesota Department of Children, Youth, and Families conducted “on-site compliance checks” at all the centers shown in the video, the department said in a news release. “Children were present at all sites except for one – that site, was not yet open for families for the day when inspectors arrived,” the release stated. Investigators “gathered evidence and initiated further review,” according to the release.

The department has ongoing investigations into four of the centers mentioned in the video. In total across the state, the department “has 55 open investigations involving providers receiving CCAP funding,” according to the release.

Asked whether the state’s early findings would affect the funding freeze, HHS Deputy Assistant Secretary for Media Relations Andrew Nixon told CNN, “The onus is on the state to provide additional verification, and until they do so, HHS will not allow the state to draw down their matching funds for the CCDF program.”

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In the meantime, thousands of Minnesota families who rely on federal funding for child care are in limbo. It is unclear how quickly funding could be restored if the state meets the January 9 deadline, although the bulletin sent to child care providers says the government will provide the state more information on January 5.

And if Minnesota’s responses are not “satisfactory,” the federal government “says it may withhold CCDF and impose other penalties,” according to the email sent to child care providers.

Child care fraud has been on state authorities’ radar for more than a decade before the viral video. A 2014 report from the Office of Inspector General identified “a pattern of child care fraud activities that involves deception and exploitation.” A few years ago, the state implemented the “Early and Often” program, which involves multiple unscheduled visits to newly licensed centers to ensure they are operating properly.

DHS and FBI also investigating Minnesota fraud

Along with HHS, DHS has dispatched Homeland Security Investigations and ICE officers to the state, posting videos of agents visiting what they call potential fraud sites.

DHS did not directly address CNN’s questions about how the state’s findings that the centers in the viral video were operating normally would affect its investigations, but sent CNN statements from several officials.

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“Right now in Minneapolis, Homeland Security Investigations are on the ground conducting a large scale investigation on fraudulent daycare and healthcare centers, as well as other rampant fraud,” read a statement from Assistant Secretary Tricia McLaughlin.

It is unclear if any arrests have been made for fraud or other crimes in DHS’ latest crackdown, which comes after an ICE operation targeting Somalis in the Twin Cities was announced in December. CNN has asked DHS for more information.

It is notable DHS — the overarching federal department handling immigration and national security — is central to the investigations. Shirley claimed in the viral video child care centers run by Somalis in Minnesota were committing fraud but did not provide the identities of the owners of most of the centers. The vast majority of the state’s Somali population, which numbers around 108,000 in total, are US citizens.

FBI Director Kash Patel also said the bureau had already sent additional resources to Minnesota even “before the public conversation escalated online.” Patel pledged to stamp out fraud, saying in a post on X, “Fraud that steals from taxpayers and robs vulnerable children will remain a top FBI priority in Minnesota and nationwide.”

CNN has reached out to the FBI for information about whether the state’s initial findings have affected its investigations or whether any arrests have been made.

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Just ahead of the January 9 deadline, Minnesota lawmakers will testify before the Republican-led House Oversight Committee. The January 7 hearing will be centered around “fraud and misuse of federal funds” and feature testimony from three members of the Minnesota House of Representatives: Kristin Robbins, Walter Hudson and Marion Rarick.

In a separate hearing February 10, Gov. Tim Walz and Minnesota Attorney General Keith Ellison are called to appear before the committee’s investigative panel.

“Minnesota Governor Tim Walz and Attorney General Keith Ellison have either been asleep at the wheel or complicit in a massive fraud involving taxpayer dollars in Minnesota’s social services programs,” Republican Rep. James Comer said in a Wednesday statement about the upcoming hearings.

Dozens of people, the vast majority of Somali descent, were charged in a previous fraud scandal under Walz’ tenure involving a nonprofit prosecutors say falsely claimed to be providing meals to needy children during the Covid-19 pandemic.

The scope of fraud in the state could be much larger, according to at least one federal prosecutor: Half or more of the roughly $18 billion in Medicaid funds which supported 14 Minnesota-run programs since 2018 may have been stolen due to fraud, First Assistant US Attorney Joe Thompson said on December 18, according to The Associated Press.

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Walz, a staunch critic of the president and the 2024 Democratic candidate for vice president, has pushed back on Thompson’s assertions while promising to fight fraud.

“You should be equally outraged about one dollar or whatever that number is, but they’re using that number without the proof behind it,” Walz said in a December 19 news conference, according to CNN affiliate KARE.

“I am accountable for this, and more importantly, I am the one that will fix it,” the governor said.

Somali community and child care providers under pressure

The viral video and cascade of investigations have presented real turmoil for the Somali community – already the target of years of vitriol from the president and from Republicans – and for child care providers.

At least one Somali-run day care, which was not featured in Shirley’s video, was broken into and vandalized in the aftermath, according to the Minnesota Star Tribune. The Council on American Islamic Relations called for an investigation of possible bias in the incident, which they said “raises serious concerns about the real-world consequences of anti-Somali, anti-immigrant and anti-Muslim hate speech circulating online.”

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Some licensed child care centers have received “harassing or threatening communications” since the scandal, the Minnesota Department of Children, Youth, and Families said in its bulletin to providers.

Several day care providers told CNN they have faced an influx of calls asking about enrollment, hours of operation, and availability which do not seem to be coming from genuinely interested parents and distract from their work.

“It’s just random calls, extra things that we don’t need to focus on,” said Kassim Busuri, who owns a day care near Minneapolis. “We need to focus on our children that we care for.”

And the ongoing funding freeze poses uncertainty for child care providers and the families they serve.

“We have thousands of families wondering if they’re going to be able to be able to get the care that their kids need, if they’re going to be able to go to work next week,” Minnesota Rep. Carlie Kotyza-Witthuhn, co-chair of the Children and Families Committee, told CNN over the weekend.

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“We have child care providers and small business owners who rely on the work of those parents, not knowing if they’ll be able to keep their doors open, depending on how this freeze proceeds.”

Scrutiny spreads to Washington and Oregon

The explosive impact of Shirley’s video seems to have inspired self-styled investigators in other states with significant Somali populations, too.

Videos have popped up showing other content creators trying, like Shirley, to enter child care centers – and using their locked doors as evidence they are committing fraud. It is not unusual for child care centers to lock their doors and to deny entry to unexpected visitors, especially if they are filming.

The mayor of Columbus, Ohio said in a statement he was aware of the videos and the state has strong safeguards to prevent theft of government child care funds.

“Actions that disrupt licensed childcare operations or create fear in these spaces are inappropriate,” read a statement from Mayor Andrew Ginther’s office.

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In Washington, Attorney General Nick Brown said his office has received “reports of home-based daycare providers being harassed and accused of fraud with little to no fact-checking.”

“Showing up on someone’s porch, threatening, or harassing them isn’t an investigation,” he wrote on X. “Neither is filming minors who may be in the home. This is unsafe and potentially dangerous behavior.”



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