Earth Rated ‘Certified Compostable’ Dog Waste Bags Not as Environmentally Friendly as Advertised, Class Action Claims

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A proposed class action alleges the maker of Earth Rated Certified Compostable Poop Bags for dogs has falsely claimed that the product is, in fact, compostable.

The 26-page lawsuit says that the Federal Trade Commission has stated that “compostable” claims for dog waste bags are “generally untrue,” in particular because the waste might contain harmful contaminants such as E. Coli and is generally too dangerous to compost. Even for backyard composting, the case relays, the U.S. Environmental Protection Agency has warned that dog waste can contain harmful parasites, bacteria, viruses or pathogens.

Overall, the complaint alleges the claim that the Earth Rated bags are “certified compostable” is false, deceptive and likely to mislead consumers, most of whom in the United States are unable to access an industrial facility that can compost dog waste. Per the case, Earth Rated’s misrepresentation of the apparent compostability of its dog waste bags amounts to “greenwashing,” i.e. the conveyance of false and/or misleading or exaggerated information in an attempt by a company to capitalize on the growing demand for environmentally sound products.

“Indeed, Defendant capitalizes on this market, and charges more for its dog waste bags that it claims are ‘certified compostable,’ as compared to those that lack such claims,” the complaint alleges. 

According to the suit, Earth Rated includes on the back of its product packaging a small-print disclaimer that states the bags are “[n]ot suitable for backyard composting,” and should only be disposed of in commercial composting facilities that accept animal waste. Further, Earth Rated has stated in a blog post on its website that industrial composting for pet waste is “currently not available in the USA,” the case adds, arguing that the discovery of these disclaimers might come as a surprise to consumers. 

“No reasonable consumer would expect that small print language on the back and side panels of the Product would contain language inconsistent with the representation that the Product is capable of being composted,” the lawsuit reads. “Nor would a reasonable consumer expect that a ‘certified compostable’ dog waste bag would not be capable of being composted.” 

From there, the filing alleges that “even Defendant’s disclaimers are misleading,” as the statement is preceded on product packaging by the representation that the bags are “Compostable in Industrial Facilities.” 

“Defendant attempts to qualify this by saying that consumers should ‘[c]heck locally’ because such facilities ‘do not exist in many communities,’” the complaint says. “But, in fact, such facilities do not exist at all in the United States.” 

The lawsuit looks to represent all consumers in the United States who have bought Earth Rated Certified Compostable Poop Bags.

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