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ARTICLE · 22 MAY 2024

NAD Reviews Green Claims For Trash Bags

Kelley Drye & Warren LLP
Kelley Drye & Warren LLP
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Kelley Drye & Warren LLP

Kelley Drye & Warren LLP

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HoldOn makes trash bags that are certified by the Biodegradable Products Institute ("BPI") and TÜV Austria as compostable in commercial and home composting settings.

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HoldOn makes trash bags that are certified by the Biodegradable Products Institute ("BPI") and TÜV Austria as compostable in commercial and home composting settings. The company advertises that the bags are great for trash, composting, recycling and that they are more "sustainable" than competing bags that are resistant to biodegradation. A competitor filed an NAD challenge arguing that HoldOn overstates the benefits of its bags. The decision covers a lot of ground, but here are some highlights.

Although HoldOn was able to rely on its BPI and TÜV certifications to substantiate a claim that the bags break down "in weeks" in home and industrial compost settings, some of the company's claims didn't specifically mention composting. Both the challenger and NAD worried that consumers might interpret these claims to suggest that the bag will also break down quickly in other environments, such as landfills, which is not the case.

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