Sherry E. Jackman

On December 2, 2025, the California Attorney General (AG) issued an enforcement advisory reminding producers of expanded polystyrene foam food service ware of their obligations under Senate Bill (SB) 54, the Plastic Pollution Prevention and Packaging Producer Responsibility Act (signed into law in 2022). The advisory confirms that expanded polystyrene (EPS) foam food service ware is now fully banned in California, and that enforcement actions—including substantial penalties—are now in effect.

Why the Ban Was Triggered

SB 54 required EPS producers to demonstrate a minimum 25% statewide recycling rate by January 1, 2025. This threshold was not met. As outlined in the AG’s advisory:

• September 2024: CalRecycle issued notice of the upcoming compliance deadline.
• January 2025: CalRecycle determined EPS producers failed to meet the 25% recycling rate and formally prohibited the sale, distribution, or import of EPS service ware in California.
• April 2025 and August 2025: CalRecycle issued follow-up notices reiterating that EPS foam food service ware may not be offered for sale in the state.

CalRecycle has also created an EPS Food Service Ware Notification Form, enabling the public to report alleged violations.

Who Is Considered a “Producer”

SB 54’s definition of “producer” is broad. It includes not just manufacturers, but also certain sellers and distributors who place EPS foam food service ware into the California market—even if they do not manufacture the products themselves. This means a wide range of businesses face exposure.

Penalties and Enforcement Exposure

The AG’s advisory emphasizes the significant financial consequences for noncompliance:

• Administrative civil penalties up to $50,000 per day, per violation under SB 54.
• Additional liability under the Unfair Competition Law which authorizes civil penalties of up to $2,500 per violation and may be enforced directly by the Attorney General, as well as private plaintiffs who frequently threaten class action lawsuits.

The Attorney General also makes clear that affected businesses have already been identified and should immediately review their compliance posture.

What Businesses Should Do Now

For companies in the food, packaging, distribution, or retail sectors, the EPS ban creates immediate and ongoing compliance obligations. Businesses should:

• Audit product lines for any EPS foam food service ware, including trays, clamshells, cups, plates, and hinged containers.
• Assess supply chains to ensure vendors are not supplying banned materials.
• Update procurement, labeling, and marketing practices.
• Prepare for potential inquiries, complaints, or enforcement actions.

How We Can Help

Our firm assists businesses in navigating SB 54 compliance and defending against enforcement actions or related claims. With significant penalties accruing on a per-day, per-violation basis, early action significantly reduces risk.

If your business produces, sells, or distributes food-service packaging in California, it is critical to ensure you are SB 54-compliant.