Comment 1st amendment and lies without consequences (Score 1) 117
The 1st amendment was added to protect citizens' freedom for political speech and other government "retaliation". It's not a free pass to say anything you want. It doesn't protect slander, incitement to violence, defamation, or the classic "crying FIRE in a crowded theatre".
This case seems to be pretty similar to USRDA labels, where "people have a right to know" certain things about what's being sold to them. And placing a recycling symbol (and even some with a number) when they know the packaging or product wasn't designed to be easy to recycle and is being thrown away by almost every recycling facility is pretty clearly "false or deceptive advertising". It's not so different from placing a "made in USA" sticker over the Made in China mark. I don't see how any court has concluded that they have ANY chance of winning this case, and that's usually part of the bar to meet for an injunction.
Lies and deception come with consequences, and this is one lie that the public is sick of seeing.