Tox of the Town
Court Blocks California from Enforcing Upcoming Recyclability Labeling Law, SB 343
by Sedina L. Banks, Sherry E. Jackman, Bryce Lourié, and Kaylinn Charnley
On July 14, a federal judge blocked enforcement of California’s new “truth in labeling” law regarding recyclability claims that was set to take effect on October 4, 2026.
California’s SB 343 was adopted in 2021 and creates stricter requirements for the use of the familiar “chasing arrows” symbol or any other indicator of recyclability included on products and packaging. The law seeks to give consumers accurate and useful information on how to properly handle a product or packaging at end of life and prohibits labeling a product or package in a way that indicates it is recyclable unless it meets certain criteria.
To be recyclable under SB 343, the product or packaging must be collected by curbside recycling programs that serve 60% of California’s population and be accepted by recycling facilities that serve 60% of the state. If the material is not recyclable at this dual 60% threshold, then no claim or indication of recyclability can be made, including using the chasing arrows symbol.
Earlier this year, a coalition of industry trade groups filed a lawsuit alleging SB 343 unconstitutionally restricts truthful commercial speech in violation of the First Amendment and is vague under the Due Process Clause of the Fourteenth Amendment.
On Tuesday, Judge William Q. Hayes of the United States District Court for the Southern District of California granted a preliminary injunction blocking the state of California from enforcing SB 343 while the case proceeds. Of note, Judge Hayes’ order was receptive to plaintiffs’ argument that SB 343 is unconstitutionally vague regarding how “recyclability” is determined. He also pointed to the fact that while the law seeks to reduce consumer confusion and provide accurate information, the current record indicates that SB 343’s requirements would instead incentivize manufacturers to forego even potentially truthful recyclability claims for fear of enforcement actions, ultimately leaving consumers with less information.
As it stands, the injunction prohibits California from enforcing SB 343 once it takes effect on October 4th. However, affected businesses should continue to closely monitor this case as the ban on enforcement is not final and will ultimately depend on final resolution of the case.
