Outdated Recycling Claims on Food Packaging Violate Consumer Law

Australia’s food packaging industry, including major supermarkets like Woolworths, Coles, and Aldi, may be violating consumer law with outdated recycling claims. This warning came from the Australian Packaging Covenant Organisation (APCO) in a recent email.

APCO emphasised the need for businesses to remove claims that soft plastics can be recycled through now-defunct schemes. The email specifically highlighted the REDcycle scheme, which collapsed in November 2022 after it was discovered that plastics were being stockpiled at 44 sites instead of being recycled.

Furthermore, APCO advised against using the ‘Return to Store’ logo, as most Australian supermarkets no longer accept soft plastics. While Coles, Woolworths, and Aldi are testing a new scheme at 12 Melbourne locations, the outdated logos and claims should be immediately removed from all marketing materials.

The email also stressed the importance of updating website recycling claims, warning that failure to do so could lead to action under Australian Consumer Law (ACL).

Hundreds of products on Coles and Woolworths shelves in April and May with outdated recycling information. This has drawn criticism from the Boomerang Alliance, a non-profit advocating against misleading soft plastics recycling claims since the REDcycle collapse. The Alliance has accused the packaging sector of “greenwashing” consumers and called for a complete overhaul of soft plastics advice. Jeff Angel, the director of Boomerang Alliance, described the sector as “wasteful and environmentally damaging,” noting that only 20% of soft plastics are recycled.

APCO has reiterated for over a year that packaging manufacturers must update their soft plastics recycling information. The recent warning about online marketing claims came after the Australian Competition and Consumer Commission (ACCC) guidance, urging APCO to prompt its members to make immediate changes.

“Following the collapse of REDcycle, APCO has consistently communicated the importance of updating old soft plastic recycling labels across packaging and all consumer communication points,” APCO stated. “This includes removing ‘Return to Store’ and REDcycle mentions from marketing materials. These communications have been ongoing for over a year, with members consistently reminded of their obligations.”

APCO also collaborated with the ACCC to develop new soft plastic packaging advice, advising consumers to ‘check locally’ for recycling options. They stressed that there is no grace period for changing labels and are actively supporting members in removing all misleading references to align with ACCC expectations.

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