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Target Corporation and NatureStar North America LLC are facing class action lawsuits alleging they falsely represent some of their disposable tableware products as being compostable.
Plaintiff Terri Little of Fresno County, California, says she purchased several NatureStar items from Target because she believed the representations on the label that they were compostable. If she had known the items were not compostable, Little says she would not have purchased them or would not have paid as much for them.
“Due to the amount of landfilled waste accumulating in the environment, biodegradable and compostable foodware options have been increasingly popular,” the Target class action lawsuit says. “As consumers look to invest in sustainable alternatives to single-use plastics and packaging, some, including Plaintiff, actively seek out products that are compostable, recyclable or reusable to prevent the increase in global waste and to minimize their environmental footprints.”
Little filed the Target class action lawsuit on behalf of herself and a proposed class of California consumers who also purchased the NatureStar compostable tableware products.
In California, it is unlawful to make untruthful, deceptive or misleading environmental marketing claims, including claims about the compostability of a product, according to the Target compostable tableware class action lawsuit.
Under California law, the term “environmental marketing claim” includes any claim published by the Federal Trade Commission in the Guides for Use of Environmental Marketing Claims, which states that marketers claiming an item is compostable must base the claim on reliable scientific evidence that all of the materials in the product will timely break down into usable compost.
However, the NatureStar products allegedly contain significant amounts of perfluoroalkyl and polyfluoroalkyl substances, or PFAS, which are known as “forever chemicals” because they do not break down over time.
When PFAS are introduced into the environment, they can seep into the soil and contaminate both land and water. Because they do not break down, PFAS can accumulate in the air, water, soil and human body. PFAS exposure can allegedly lead to cancer, thyroid hormone disruption and adverse effects on the immune system.
Compostable foodware items are increasingly popular with consumers who seek to reduce waste. Little says California has not implemented a certification standard for compostable foodware and that private certification schemes have developed over the years.
The NatureStar products reportedly bear a compostability certification from TÜV Austria, a private organization. However, when Little sought independent testing of the NatureStar items, the test results reportedly indicated significant amounts of PFAS in the bowls and plates.
“By encouraging consumers to dispose of the Products in compost collection bins on the basis that the Products are allegedly compostable, Defendants are contaminating entire compost streams with PFAS materials that will not break down over time,” Little alleges in the Target class action lawsuit.
As a result, PFAS are introduced into compost facilities to be turned into soil fertilizer, which will ultimately introduce PFAS into the crops grown in the fertilized soil, Little alleges.
What do you think of the claims that Target sells “compostable” tableware that contain “forever chemicals”? Join the discussion in the comments section below!
Little is represented by Richard C. Conway, Carla R.D. Khal and Ian I. Brady of Kahn Soares & Conway LLP.
The NatureStar Compostable Tableware Class Action Lawsuits are Terri Little v. NatureStar North America LLC, et al., Case Nos. 1:22-cv-00232-JLT-EPG and 1:22-at-00124, in the U.S. District Court for the Eastern District of California.
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Trying to do right shouldn’t be gin with lies. Add me.
Please add me, as if I had known the items were not compostable, I would not have purchased them on several occasions, as they are costly. I am a frequent Target shopper as well.
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Your email address will not be published. By submitting your comment and contact information, you agree to receive marketing emails from Top Class Actions regarding this and/or similar lawsuits or settlements, and/or to be contacted by an attorney or law firm to discuss the details of your potential case at no charge to you if you qualify. Required fields are marked *
Add me
Add me also
Add me
Add y
Add me
Add me
Ad me
Trying to do right shouldn’t be gin with lies. Add me.
Please add me, as if I had known the items were not compostable, I would not have purchased them on several occasions, as they are costly. I am a frequent Target shopper as well.
Add me
Your email address will not be published. By submitting your comment and contact information, you agree to receive marketing emails from Top Class Actions regarding this and/or similar lawsuits or settlements, and/or to be contacted by an attorney or law firm to discuss the details of your potential case at no charge to you if you qualify. Required fields are marked *
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