A coalition of farmers, food producers, restaurants, packaging manufacturers, and grocers filed a federal lawsuit on March 17 challenging California’s SB 343 (2021), a law that restricts the use of recycling labels on product packaging. The lawsuit was filed in the U.S. District Court for the Southern District of California and seeks a preliminary injunction to block enforcement of the law before it takes effect on October 4.
The plaintiffs argue that SB 343 violates free speech rights by prohibiting companies from labeling their packaging as recyclable unless it meets specific state criteria. They say this restriction will reduce recycling rates, confuse consumers, and increase costs for families in California.
Katie Davey, Executive Director of the Dairy Institute of California, said, “California is about to make it harder, not easier, for families to go green. SB 343 forces dairy product manufacturers to remove vital recycling guidance from the very cartons Californians rely on every day. This law ignores the reality of our recycling infrastructure and unconstitutionally restricts our right to provide transparent recycling instructions to consumers. We are seeking to stop this policy before it leads to more waste and disrupts our ability to deliver milk to California families and schools.”
According to the complaint, SB 343 prevents producers from using widely recognized recycling symbols or statements even if they are accurate unless their packaging meets state-imposed recyclability standards. The plaintiffs claim these standards do not reflect actual recycling capabilities or local program differences and are difficult for businesses to interpret or apply consistently.
The coalition also alleges that removing clear recycling guidance from packaging will lead consumers to throw recyclable materials into landfills due to confusion about what can be recycled. They further argue that the law discourages investment in new recyclable materials by penalizing innovation aimed at creating more sustainable packaging options.
Plaintiffs include organizations such as the California Restaurant Association, Dairy Institute of California, California Grocers Association, Pet Food Institute, SNAC International, Californians for Affordable Packaging, Flexible Packaging Association, Grower-Shipper Association of Central California, several commodity commissions representing fruits and nuts grown in California, American Forest & Paper Association and Western Growers Association.
