Biodegrade

On June 2009, the FTC charged Kmart Corp with making false claims that their paper products were "biodegradable."

Did The Blue Lights Special lie?

Kmart Corp called its American Fare brand disposable paper plates "biodegradable".

Per the FTC guidelines, biodegradable implies a complete breakdown and return to nature within a reasonably short period of time (about a year).

In fact, in open air environment, the plates do degrade.

Nevertheless, the FTC alleged that the products are normally disposed in landfills, recycling facilities and incinerators in ways where the conditions are not amenable for American Fare to decompose.


That's because most Americans mix their trash and "degradable" plastics together with the combination ending up in large mountains of garbage we collectively call landfills.  When these plastic plates make the landfill, they get buried away from sunlight and oxygen and thus are not able to degrade within a year, if ever at all.

In cities that have a 3-bin system, sort plastics as follows:
Left: Biodegradable plastics  = Landfill
Middle: Compostable = compost
Recyclable: Recycling

So did Kmart maliciously mislead?

Absolutely not.

There are some sustainable cities like San Francisco that does offer pickup of organic waste for the compost.

In some ways, they could have been the ignorant innocent victim.

Still, the FTC had to crack down and Kmart was a low hanging fruit (which BTW, is 100 percent biodegradable).

To finalize this matter, Kmart signed a "Consent Agreement" which is an admission of guilt.  As a result their Court Order was considered light.  Here are some of the orders (from The Energy Collective)

1. Court required that no claims be made of degradability, biodegradability, or photodegradability unless they are true, not misleading, and based on reliable evidence.
2. That there can be no other representations of environmental benefit unless those representations are true and backed up by evidence.
3. For 5 years after any representation is made, Kmart has to make available to the FTC for review at any time all advertising and marketing materials and all evidence that would either support, qualify, or call into question their representation in the company’s possession.  All complaints and communications with consumers or any governmental or consumer protection organization.
4. A copy of the order had to be delivered to all current offices, directors, and principals and each of them were required to sign saying they have received and understand the order.  Additionally they have to provide a copy of the order to all current personnel and future personnel.
5. The FTC has to be notified within 30 days of any changes in ownership, control, bankruptcy, or any change that may affect compliance.
6. Kmart had to submit documentation of their compliance with the order within 60 days.
7. The order is in effect for the next 20 years.