Keller, as Bag Monster. The costume is created from 500 plastic bags, the approximate number used per American each year. |
Andy Keller was an unemployed business
school graduate when he spent a day landscaping his back yard. As a result, he
needed to make a trip to the local landfill. What he saw changed the course of
his life – the landfill was overflowing with plastic bags. With a little
research, Keller learned the U.S. uses enough plastic shopping bags annually to
circle the globe 776 times, if tied together.[1]
He bought a second-hand sewing machine and
went to work, creating a reusable shopping bag that stores compactly in its own
pocket. The bag gained popularity, and Keller’s small business, ChicoBag, is now the
industry leader in compact reusable bags.
With his unemployment problem solved,
Keller set out to tackle a bigger challenge: ridding the planet of one-use
plastic bags. He’s made a few enemies along the way, which Keller explained at
a recent panel as part of the Inc. 500/5000 conference. Here’s his story:
The
Bag Monster
“We want to help humanity kick the
single-use bag habit,” says Keller. “And we decided early on to be aggressive
about it.” To get the message out, Keller invented the Bag Monster – a costume created
from 500 plastic bags, the number each American uses annually. The Bag Monster
is a walking, talking reminder of the waste single-use bags create. Keller
wears the Bag Monster costume himself, at conferences like the Inc. 500/5000,
and also at community events. It never fails to start a conversation. It also
attracts attention.
Eventually, plastic bag manufacturers
started to take notice: ChicoBag and its competitors were cutting into the
manufacturers’ profit share. They decided to sue.
Slap
Suit
“We found out we were being sued when my
administrative assistant began getting cold calls from attorneys who wanted to
represent us,” says Keller.
Essentially, the plastic bag manufacturers
were issuing what is known as a “slap suit,” a suit brought in hopes of burying
the defendant in a costly legal battle that will lead them to make significant
or crippling changes to their strategy. The plaintiffs claimed ChicoBag’s
website used statistics that were false and misleading. They asked for the
statistics to be removed, and to be replaced with “pro-plastic bag” language.
Though growing, ChicoBag’s finances were
modest. They couldn’t compete with a coalition of manufacturers; it might have
made strategic sense to back down and avoid costly litigation. But Keller felt
their anti-plastic bag approach was core to their company’s mission. He decided
to take on the plastic bag manufacturers.
Finding
Allies
Keller hired an attorney, but also began to
rally his resources. Over Chico’s short history, they’d established friendly
relationships with environmental non-profits and other charities to whom they’d
made donations. Over 25,000 people signed a petition in favor of ChicoBag.
Scientists from the environmental non-profits worked to verify the statistics
used on ChicoBag’s website. People started sending checks, unsolicited, to help
with the litigation costs. Employees began to rally around the mission.
“My lawyer told me the worst thing that’s
ever happened to me might turn out to be the best thing,” says Keller. “After
all, our mission is to kick the single use bag habit. If the biggest
manufacturers are suing us, doesn't that mean we're doing it?”
Road
Bumps
While the public’s opinion was supportive
of Keller and ChicoBag, the challenges were growing. The company’s insurance
company sued to be relieved from coverage. Overwhelmed with the task of
managing a law suit, Keller hired a general manager and delegated day to day
responsibility to the manager. With his hands off the wheel, Keller almost
missed seeing a cash flow problem. In the end he had to take money from his
personal savings to pay bills. As a result, Keller has two pieces of advice for
other CEOs: no matter how busy you get, don’t delegate management of your
profit and loss lines. And always check your insurance company’s lawsuit track
record.
A
Modest Victory
With a legal bill of $400,000, ChicoBag
came to the mediation table to face their opponent. Of the three companies who
filed the suit, only one remained. The other two had dropped the suit because
of the public outcry.
After considering the costs, Keller decided
to settle the lawsuit, but not before he won a significant victory. As part of
the settlement, the plastic bag manufacturer had to put a warning message on
their bags, notifying users to tie each bag in a knot before disposal to
prevent wind-blown litter , a major threat to wild-life both on land and in the
ocean. Agreements like this are uncommon
in such lawsuits – it represents a victory for ChicoBag. Chico also added a
statement to their website, and removed some statistics that had been retracted
by their original source.
“It infuriates me that my insurance company
gave them money,” says Keller. “But we achieved something. Just days after the settlement they took down
their website that was littered with false statistics.”
“The publicity we got raised the profile of
our company and our cause,” he adds. Coverage in CNN, Forbes, Inc., Wall Street Journal, and Rolling Stone made the public aware of ChicoBag and their mission.
Profit is part of his plan, says Keller,
but “the DNA of our company is to leave the world a better place.”
[1]
U.S.
International Trade Commission. Polyethylene Retail Carrier Bags from
Indonesia, Taiwan, and Vietman. Publication 4080. May 2009, pg. IV-7.
___
Amber Johnson is the Center for Values-Driven Leadership's corporate relations and social media advisor. She is a non-profit and small business communications professional. In addition to blogging about business for the CVDL, Amber writes about marriage and other topics on her personal blog.
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