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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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Wildfire smoke from Canada and Minnesota pushes further into US, engulfing DC in eerie haze

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Wildfire smoke from Canada and Minnesota pushes further into US, engulfing DC in eerie haze


NEW YORK (AP) — Millions of people in the Great Lakes, Northeast and Mid-Atlantic states muddled through another day of unhealthy air from uncontrolled wildfires on Friday, as smoke enveloped the nation’s capital in a gloomy, eerie haze.

Air quality warnings were expected to remain in effect through Saturday across a wide swath of the U.S., but there’s potential for temporary relief with rains and storms forecast over a chunk of the affected region over the weekend.

The smoky conditions won’t be gone anytime soon, though, as fires burn unchecked across a remote region of Canada, cautioned Bob Oravec, a lead forecaster at the National Weather Service based in Maryland. Wildfires in a wilderness area in Minnesota are also contributing to the smoke.

“The source of the smoke is going to continue on for certainly a week, probably,” he said. “So in some form, there’s going to be smoke that gets transported from the fires downstream, and it’s just going to depend upon which way the wind’s blowing as to where the smoke is going to affect the most.”

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On Friday, communities in Minnesota, Michigan and Illinois closest to the Canadian border and the Boundary Waters Canoe Area Wilderness in Minnesota again registered some of the worst air quality in the world, according to IQAir, an air quality monitoring website.

Not far behind them was Washington, D.C., where the thick smoke created eerie scenes. The Washington Monument, the Lincoln Memorial and other national landmarks could be seen enveloped in a thick, orange-hued haze in the morning.

“Wow that Canadian smoke haze is no joke,” Stewart Verdery, a former assistant secretary at the U.S. Department of Homeland Security, wrote on X as he shared a panorama of D.C. at sunrise. “Almost nothing visible – no sun, no monuments, no Reagan Airport.”

Air in and around Washington was expected to go from bad to worse as the day progressed, reaching “very unhealthy” and potentially “hazardous” levels on the air quality index, regional officials said.

People, particularly those with heart or lung disease, older adults and children, were urged to limit or avoid going outside as much as possible until air quality improved.

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There was also concern in the New York City area about how the foul air might impact the World Cup final match between soccer powerhouses Spain and Argentina at MetLife Stadium in New Jersey on Sunday.

Oravec said winds will continue pushing the wildfire smoke east in the U.S., though conditions should be better on game day Sunday than on Saturday.

Just a day earlier, a thick haze tinged with orange and yellow darkened skies across several states and partly obscured Manhattan’s skyline.

Officials from New York, New Jersey, Pennsylvania and other Northeast states distributed free K95 face masks, canceled outdoor programming and opened libraries and other public buildings as cooling centers where people could get a respite from the sooty air.

As Friday progressed, air quality measures improved from “unhealthy” to “moderate” in some places in and around New York City.

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A strong sun broke through a thin veil of smoke, and large chunks of clear blue sky were visible across much of the region by Friday afternoon.

Saturday brings a high chance of thunderstorms across much of the Northeast and mid-Atlantic, which will help dampen the bad air.

How long the reprieve lasts depends on what happens hundreds of miles north, as some 100 wildfires burn without end in sight, largely in the Ontario area in Canada. In the U.S., officials have closed the Boundary Waters while battling multiple fires.

Long-term exposure to smoky conditions can complicate existing health problems and lead to chronic and deadly issues, including respiratory illness, cardiovascular and neurological diseases and premature death.

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Miinesota’s common loons are genetic cousins to penguins

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Miinesota’s common loons are genetic cousins to penguins


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The common loon, Minnesota’s state bird, is more closely related to a penguin than a duck.

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Despite loons predominantly living in the northern hemisphere and penguins mostly living in the southern hemisphere, researchers consider them to be genetic cousins. Taxonomic analyses placed them in an evolutionary cluster tracing back 40 million to 50 million years ago, along with herons and pelicans. 

While loons and ducks share habitat on Minnesota lakes, they aren’t close relatives. Ducks are closer cousins to geese and swans. 

After sharing a common ancestor, penguins and loons developed distinct characteristics. Loons can fly, but struggle to move on land; penguins can’t fly, but waddle on land. Penguins use flipper-like wings to swim; loons use webbed feet for underwater propulsion.

They have some similar features, however, including dense bones to help dive underwater and their tuxedo coloring.

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Hundreds of Canada wildfires prompt US air quality alerts as smoke spreads south

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Hundreds of Canada wildfires prompt US air quality alerts as smoke spreads south


Fires in the past burned more frequently in western Canada, but recent years have seen that trend migrate eastward, with large fires now burning in Ontario, Quebec and Atlantic provinces, Prof Chasmer said, leading to more noticeable smoke in densely populated cities like Toronto and New York.



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