Does A "Recyclable" Product Actually Have To Be Accepted By Recycling Facilities?

Can you promote that a product is recyclable, when it's made of recyclable plastic, if that product isn't widely accepted by recycling facilities? That was the issue in a recent case in federal court in California.

Consumers sued the Colgate-Palmolive Company, under California law, alleging that the company falsely promoted that the tubes for its Colgate and Tom's of Maine brands of toothpaste are recyclable. The plaintiffs alleged that Colgate-Palmolive made claims such as, "Recyclable Tube," "First of Its Kind Recyclable Tube," and "Recycle Me," and also used the chasing arrows symbol. The plaintiffs charged, however, that these claims were false and misleading because virtually all of the municipal recycling programs in the United States do not accept toothpaste tubes for recycling. Apparently, that's because not only can the programs not distinguish between recyclable and non-recyclable toothpaste tubes, but the leftover toothpaste in the tubes contaminates