Class Action Alleges ‘Compostable’ NatureStar Single-Use Tableware Contains ‘Forever Chemicals’

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A proposed class action lawsuit challenges NatureStar’s claim that its Matter-brand single-use tableware is compostable given the products supposedly contain significant amounts of “forever chemicals” that do not break down over time. 

The 22-page suit says that although NatureStar North America, LLC advertises its single-use plates, bowls and food storage bags as compostable, i.e., capable of being broken down into non-toxic elements, the products in truth contain “significant amounts” of perfluoroalkyl and polyfluoroalkyl substances (PFAS). The lawsuit, which also names as a defendant Target Corporation, states that PFAS, which have been associated with a number of negative health effects, do not break down over time and are thus never able to become part of usable compost. 

The presence of PFAS in compost material is particularly concerning given the chemicals can contaminate the soil in which crops grow and the meat from farm animals who graze in the area, the suit relays. 

“PFAS are known as ‘forever chemicals’ because they do not break down over time,” the complaint states. “When PFAS are introduced into the environment, they seep into and contaminate both land and water and then never leave.” 

Per the lawsuit, many consumers are concerned with the environmental effects associated with trash and waste and actively look to buy biodegradable and compostable products that can be introduced into the soil after use rather than deposited in a landfill. Such consumers are willing to pay more for compostable items, which the suit states often cost “significantly more” than non-compostable goods. 

The case adds that PFAS are often added to paper plates, bowls and food storage products due to their grease- and water-resistant properties. 

According to the complaint, the carbon-fluorine bonds characteristic of PFAS make the chemicals extremely resistant to degradation, even at high temperatures, meaning they do not break down in the environment or do so at a very slow rate. 

“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,” the complaint alleges. 

The case says that the NatureStar bowls and plates at issue bear a compostability certification from third-party organization TÜV Austria. The lawsuit claims that the plaintiff, notwithstanding the certification, had NatureStar bowls and plates tested independently by a third-party laboratory, whose tests the case alleges revealed “significant amounts” of PFAS in the products. With regard to NatureStar “compostable” food storage bags, the complaint states that the items are certified as compostable by a different organization, the Biodegradable Products Institute (BPI). The plaintiff alleges that at the time she bought the Matter products, they were not listed on BPI’s website as certified as compostable by the organization. The consumer alleges NatureStar has falsely used the BPI logo and certification on product packaging. 

The case says NatureStar’s marketing of the “compostable” Matter products directly violates the Federal Trade Commission’s Green Guides and California consumer protection laws. 

Covered by the lawsuit is a proposed class that includes all persons who bought NatureStar “compostable” bowls, plates and food storage bags for personal, family or household purposes in California during the applicable statute of limitations period. 

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