Small Plastic Bag Lawsuit Could Have a Huge Impact on Green Business
A couple of years ago when consumers began to get a bit savvier about eco claims and the Federal Trade Commission set about revising its green guides , the assumption was that consumers, activists and small businesses would take advantage of a more knowledgeable marketplace and updated legislation to hold big companies accountable for greenwashing. In reality, aside from the highly publicized suit filed (and subsequently dismissed) against Fiji Water, it has been exactly the opposite.
More often than not, it’s the big guys going after the little guys, particularly when the little guys have said anything that’s somewhat inflammatory,” says Chris Cole, partner in the Advertising, Marketing and Media practice in the Washington, D.C. office of law firm Manatt, Phelps & Phillips. “And they’re having some success … mainly because the little guys have less experience putting together advertising and marketing campaigns the right way, and the big guys have been doing it for years, so they’re able to just pick them off.”
Cole points to recent lawsuits brought by Clorox and Procter and Gamble against Seventh Generation for positioning its products as environmentally preferable as prime examples.
The latest is a sui t filed earlier this year by three large plastic bag manufacturers (Hilex Poly LLC, SuperBag Operating Ltd., and Advance Polybag Inc.) against ChicoBag , a small reusable bag maker based in Chico, California. This time, rather than get the FTC involved, the plaintiffs have kept the suit private, opting instead to accuse ChicoBag of violating the Lanham Act , a piece of trademark legislation that protects businesses from false advertising.
It’s not as though ChicoBag has taken out ads defaming Hilex Poly–no one would know who they were talking about–but it turns out they don’t have to. Under the Lanham Act, a company can sue over claims that name them directly or that merely point to their product in general, as is the case here. The suit has been filed in South Carolina, a move ChicoBag’s supporters believe was done to avoid California’s anti-SLAPP (strategic lawsuit against public participation) laws , and promises to head to a jury trial in January 2012 barring any sort of settlement in the meantime.
At issue is a little-visited page on ChicoBag’s website entitled Learn the Facts , on which the company has published a bullet-point list of stats about the environmental impacts of plastic bags. The plastic bag manufacturers point to several inaccuracies on the page, including stats such as a 1 percent recycling rate for plastic bags. ChicoBag founder and CEO Andy Keller says that stat came from the Environmental Protection Agency (EPA), but that agency has since revised its stats, putting plastic bag recycling rates in about the 6-percent range.
I Am Not A Plastic Bag - News
“People are coming to my site already wanting a reusable bag, it's not like I'm pushing this information out to people who would otherwise be using plastic bags,” he says. Nonetheless, a website is inherently considered an advertising and marketing
A plastic bag, small jar, or pill vial is useful and no preservative is necessary, but rubbing alcohol helps to preserve the spider. A hospital stay might be recommended, particularly for those with a heart condition or with health problems.
We spent about 30 minutes out there, and in that time we did not see one shopper using a reusable bag. The plastic bags were pretty much the norm, still some shoppers say if it were a requirement, they would gladly comply. "Today, I'm part of the
“I'd like to see us engage our customers more on whether they would like a plastic bag or not and encourage them to use a reusable bag or other alternatives,” Stewart said. Stewart said he thinks the high staff changeover rate in Whistler will prove a
“I've had no problem getting them through security,” she pointed out, noting that they can fit in the required one-quart zip-top plastic bag for security. For a hot meal, Ms. d'Arabian recommends packing cooked whole grain pasta, which tends to hold
ProductWiki: I'm not a plastic bag by Anya Hindmarch - Handbags
It's hard to deny that a bag with the title "I'm not a plastic bag" strewn across the body is making a statement, and if you're a follower of the eco-movement at all, it's pretty clear. Plastic bags have become the new 'it' cause in the green-friendly world and Anya Hindmarch, a UK based fashion designer created the bag to help promote the cause.
The effect of plastic bags on the environment is becoming more clear, as their effect on landfill sites continue to rise and have been said to take at least 500 years to biodegrade. Because of this environmental hazard, countries are beginning to take notice and many have imposed restrictions on the plastic bag including taxation, forced recycling and even outright banning.
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I Am Not A Plastic Bag - Bookshelf
I am not a plastic bag, a story of the Pacific garbage island
I Am Not Sidney Poitier
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