Consumers accuse Jack in the Box of falsely labeling packaging as recyclable

SAN DIEGO (CN) — In a lawsuit filed in California state court on Friday, a San Diego resident accused fast-food chain Jack in the Box of falsely labeling its packaging as recyclable.

In the class action, filed in San Diego Superior Court, Nicole Ozonian claimed the company uses the recycling symbol on plastic bags and other containers even though those materials are not widely accepted at recycling facilities.

The company’s drink cups, Ozonian said, don’t include codes indicating the type of plastic used — meaning recycling facilities can't sort the objects and instead send them straight to landfills.

Meanwhile, the company's takeout containers include black plastic that some but not all municipalities accept as recyclable, Ozonian added in her complaint.

Last but not least, Ozonian said the company's bags direct people to take their packaging to drop-off programs — even though less than four percent of stores have post-consumer recycling collection programs, and the bags don’t indicate which location has them. She said the fast-food giant knows its recyclability claims are false or misleading but has included them on packaging anyways.

Ozonian accused the San Diego-based company of violating false advertising laws and engaging in unfair business practices because it knows that its packaging isn't up to California’s recyclability standards — and that people are willing to pay more for products they believe are recyclable.  

“The defendant is aware of consumer preference for such products and has implemented a strategic false advertising and marketing campaign intended to deceive consumers into thinking that the [Jack in the Box] employs such policies and practices,” Ozonian said in her complaint.   

Ozonian asked a San Diego Superior Court judge for a jury trial and a variety of relief, including disgorgement of profits and an order forcing the company to correct its mislabeling practices.

Neither Ozonian’s attorney nor representatives of Jack in the Box immediately responded to requests for comment.  

Subscribe to Closing Arguments

Sign up for new weekly newsletter Closing Arguments to get the latest about ongoing trials, major litigation and hot cases and rulings in courthouses around the U.S. and the world.

Email *

Submit