ClientEarth Communications
1st October 2024
In the UK, plastic packaging commonly features symbols and statements which instruct consumers that the plastic packaging is recyclable and/or explain how to recycle it. These include instructions such as ‘Recycle’ or ‘Recyclable’ and green circular or triangular ‘closed loop’ symbols, sometimes very prominently.
Our lawyers have looked into these and found that some of these claims on products and packaging are misleading consumers.
These symbols strongly imply that buying a product with such a claim is a good environmental choice. In fact, one study by the UK Advertising Standards Authority found most people presumed terms ‘recycled’ and ‘recyclable’ were wholly positive for the environment; that brands were being truthful and transparent in using them; and that recycling was a circular process that always worked.
When seeing those claims about recycling, we are likely to think the packaging in question is going to be recycled, and as such that its environmental impact will be adequately reduced or removed.
Sadly this is far from the truth. Recycling cannot make plastic circular and the majority of plastic packaging cannot and will not be recycled. In fact, only 9% ever produced has been recycled. The rest is incinerated, landfilled or dumped into the environment.
Shockingly, statements from the plastic industry itself from as long ago as the 1980s have been uncovered, which say that: “[r]ecycling cannot go on indefinitely, and does not solve the solid waste problem” and “recycling cannot be considered a permanent solid waste solution, as it merely prolongs the time until an item is disposed of.”
Consumer research shows these claims can influence what people buy and may be unfair commercial practices.
Our lawyer, Katie-Scarlett Wetherall, said: "Many consumers want to minimise their impact on the environment in the face of a pollution crisis, and circular products are attractive to them.
“But recycling claims on packaging can mislead consumers into thinking a product wrapped in plastic is a sustainable option. This doesn’t mean recycling is useless, but it does mean that we can’t have recycling holding back the necessary move away from plastic packaging."
Supermarkets and food producers are major players in the world of plastic pollution, and they could do much more to minimise their impact on the planet.
So when Tesco and Sainsbury’s introduced new schemes to recycle soft plastic – any plastic that can be scrunched in the hand – many customers were keen to go the extra mile to collect and drop off these soft plastics to reduce their own impact.
So what happened when two organisations attached GPS trackers to soft plastic and dropped them off at these specialised recycling schemes? Everyday Plastic and the Environmental Investigation Agency (EIA) attached 40 trackers to pieces of scrunchable plastic, which were collected via the two supermarkets. 17 of these trackers reached a final destination and, of these, 70% were burnt as fuel or incinerated for energy recovery. The remainder was recycled – but as with most plastic, it cannot be recycled into the same type, it can only be downcycled into lower quality material and will be landfilled eventually. Plastic is not a circular material.
In light of the findings of the Everyday Plastic and EIA investigation, soft plastic recycling claims by Tesco and Sainsbury’s are misleading consumers as to the recyclability and environmental impact of soft plastic packaging. We think that claims on packaging and in-store signage are likely to distort the reality of the packaging’s environmental impact across its lifecycle, by emphasising the importance of positive aspects (e.g. the theoretical availability of recycling), which are in reality only marginal.
We are warning supermarkets and producers that misleading recycling claims on products already on the market can be legally challenged by consumer protection authorities
Some regulators are already taking action. Following the complaint we supported late last year regarding misleading “100% recyclable” and “100% recycled” claims made by Coca-Cola, Danone and Nestle, the Hungarian consumer protection regulator is now investigating Coca-Cola for misleading 100% recyclable claims made on the packaging of one of its brands.
Katie-Scarlett explained: “Consumer protection law requires businesses to make it clear when a product has an overall negative impact on the environment. This means consumer protection authorities have grounds to legally challenge these claims. Single use plastic packaging will never be a sustainable choice so supermarkets and traders need to rapidly reduce plastic at source and offer reusable packaging. These claims are a systemic issue in the sector and companies have been allowed to continue for too long.”