One chef is taking a large foodware company to court, claiming it is willfully ignoring California's single-use plastic ban.
Jeffrey Heavey, chef and owner of Convivial Catering, filed a lawsuit against WinCup, a foam foodware manufacturing company, alleging that it has continued to sell, distribute, and market plastic products that have been banned by California Senate Bill 54.
As the Los Angeles Times reported, Heavey filed the lawsuit in San Diego County Superior Court back in March. He seeks class action status on behalf of all Californians and damages for every California-based customer who may have purchased the products in question over the last three years.
According to Heavey's attorney, William Sullivan, the suit is also asking for an injunction to prevent WinCup from continuing to sell its foam products in the Golden State. The lawsuit looks to remove the "chasing arrows" printed on the product's recycling label as well, which Heaney says is false and deceptive advertising.
SB 54, also known as the Plastic Pollution Prevention and Packaging Producer Responsibility Act, is designed to reduce plastic waste by implementing an extended producer responsibility program. The core of the bill involves producers reducing single-use plastic packaging and food service wares by 25% while also achieving a 65% recycling rate.
The bill is an effort to ensure that all materials used are recyclable or compostable by 2032. It also shifts the cost of collection and recycling from consumers and local governments to the producers of the products. The first phase took effect Jan. 1.
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While expanded polystyrene, commonly known as Styrofoam, is technically recyclable, it's rarely accepted in curbside recycling programs; most recycling facilities lack the equipment to process it. According to the Environmental Protection Agency, less than 1% of polystyrene was recycled in 2018.
Because of its non-biodegradable nature, Styrofoam becomes pollution. It also creates health risks associated with its production and disposal. The production of single-use plastics relies heavily on dirty fuels, depleting non-renewable resources and consuming vast amounts of energy. Banning these plastics encourages a shift toward reusable and more sustainable materials, conserving resources and promoting more eco-friendly options.
While SB 54 is an effort to ensure a cleaner future, critics argue that it is too lenient in its enforcement. "Despite 'fix-it' legislation, California's plastic reduction laws are still not tough enough, and strong laws remain difficult to pass and enforce," the Plastic Pollution Coalition argues.
Beyond Plastics Southern California Director Susan Keefe places a large portion of the blame on CalRecycle, California's Department of Resources Recycling and Recovery.
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"It's really frustrating. CalRecycle's disregard for enforcement just permits a lack of respect for our laws," Keefe said. "It results in these violators who think they can freely pollute in our state with no trepidation that California will exercise its right to penalize them."
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