PFAS in Compostable Plates

Kroger Class Action Settlement

LLG recently settled its class action case against Kroger in David Ambrose v. The Kroger Co., U.S. District Court, Northern District, Case No. 3:20-cv-04009-EMC. The Court preliminarily approved the settlement on September 2, 2021.  A final settlement approval hearing has been set for September 30, 2021 at 1:30 pm (PST).

The case alleges that Kroger sells its Simple Truth brand disposable plates and bowls as compostable, yet those products contain per- and polyfluoroalkyl substances (PFAS), “forever chemicals” that do not break down over time.  Accordingly, the case alleges that the Simple Truth disposable products are not, in fact, compostable.  The case further alleges that when consumers compost the products as directed, the resulting compost contains PFAS and can then contaminate crops grown in the composted material.

The settlement requires Kroger to remove any and all representations that the products are compostable.  The settlement thus fully cures the alleged wrongdoing at the heart of the case.

Please review the following documents for additional information and the terms of the settlement.  Should you have any questions or comments, please contact class counsel at 

Press Release – Click Here
Stipulation for Settlement – Click Here
Post-Distribution Accounting – Click Here