Calif. files suit over biodegradable bottle claims

By Mike Verespej | PLASTICS NEWS STAFF

Oct. 26 -- California Attorney General Kamala Harris has filed suit against bottled water companies Aquamantra and Balance Water and their bottle supplier, ENSO Plastics, charging that the companies´ claims that their bottles biodegrade are false.

The lawsuit, filed in Orange County Superior Court on Oct. 26, seeks to have the bottles pulled off retail shelves in the state.

The issue of biodegradable plastics has been a bone of contention for plastic recyclers for more than two years, with both the National Association for PET Container Resources, and the Association of Postconsumer Plastic Recyclers challenging the suppliers´ claims.

However, neither APR nor NAPCOR were party to the lawsuit.

Harris said the labeling on the Aquamanta and Balance Water water bottles describes them as biodegradable, but that the claims are not supported by evidence, and misleads consumers into thinking they can responsibly dispose of them in backyard composting or landfill.

"The manufacturers of these bottles are taking advantage of Californians´ concern for their environment," Harris said. "Consumers are led to believe they are being environmentally friendly by choosing these bottles. In fact, they could be further damaging our natural resources."

Neither Aquamanta, ENSO or Balance Water could be immediately reached for comment.

However, Mark Murrray, executive director of Californians Against Waste, came out in support of the lawsuit.

"These falsely labeled bottles pose several serious problems," Murray said. "Consumers are being deceived. The chemicals added to these bottles to theoretically allow them to break apart have zero environmental benefit. They simply cost consumers more and fill up our landfills just like any other bottle."

"Some consumers may be falsely deceived into thinking that the ´biodegradable´ claim means these plastic bottles will break down in the ocean environment," Murray said. "They won´t. If these bottles become ocean litter, they will remain intact for decades or longer as floating ocean pollution."

In a prepared statement, APR technical director Dave Cornell pointed that since mid-2009 the association "has repeatedly asked those who sell and who use degradable additives ... for the data that support the claims of bottles containing the additives being recyclable and have seen none."

"APR has led the effort to force these marketers of degradable additives to validate their marketing claims that the use of the additives does not impact the recycling of PET bottles [or] the second use of material into products like bottles, strapping, or carpeting," added APR executive director Steve Alexander. "We have worked to educate the California Attorney General´s office on these troubling and unsubstantiated claims and have asked for their help in curbing the threat to the practice and reputation of plastic bottle recycling."

The lawsuit estimates that PET recycling is a $100 million business in California, and argued that the bio-bottles represent a contamination threat to that industry, because, in appearance, they look identical to PET water or soft drink bottles.

"The chemical contamination from these bottles is catastrophic for our business," said Ed Byrne, CEO of Visalia, Calif;-based Peninsula Packaging in a prepared statement. "When we remold products, the different types of plastics melt at widely varying temperatures. It is extremely dangerous to our technicians to deal with these problems. Moreover, consumers reject products packaged in contaminated containers, simply because of the disgusting appearance."

Peninsula Packaging makes clear plastic clamshell containers, using recycled PET, for strawberries, muffins, salads and other foods.

Calif. Sen. Mark DeSaulnier, D-Concord ù who authored the California legislation in 2008 that prohibits marketers in California from labeling plastic food or beverage packaging as biodegradable unless it meets ASTM degradability guidelines ù also applauded the lawsuit.

"I am pleased that the Attorney General has been able to use our law to crack down on out of state bottle manufacturers who are blatantly ignoring the law and marketing environmentally bad products to

California companies, said DeSaulnier in a statement. "Consumers are being misled by companies who use environmentally friendly ploys to sell their products, when in reality there is no benefit."

Mike Verespej is a reporter for Plastics News, a sister publication of Waste & Recycling News.

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