FPA Joins Lawsuit Challenging California Labeling Law
The Flexible Packaging Association (FPA) joined a coalition of farmers, food producers, restaurants, and grocers last week in a federal lawsuit challenging California’s so called “truth-in-labeling” law, calling the law an unconstitutional restriction on free speech that will reduce recycling, confuse consumers, and increase cost pressures for California families.
The FPA’s board unanimously recommended joining the lawsuit filed in the U.S. District Court for the Southern District of California against California Senate Bill 343 that was enacted in 2021 and set to go into effect in October.
“We feel strongly that SB 343, if allowed to go into effect, will restrict our industry’s ability to provide important recycling information and relies on standards that do not always reflect real-world recycling conditions,” Dan Felton, president and CEO of FPA, which is based in Annapolis, Maryland, said in a statement. “The limitations under SB 343 for recyclability labeling will severely impact the current and future success of an already delicate infrastructure system for recycling flexible packaging in California, including through alternative collection systems such as store drop-off programs.”
Other plaintiffs include the California Restaurant Association, Dairy Institute of California, California Grocers Association, Pet Food Institute, SNAC International, Californians for Affordable Packaging, California League of Food Producers, the Print Creative Alliance, Grower-Shipper Association of Central California, California Table Grape Commission, California Strawberry Commission, California Apple Commission, California Blueberry Commission, Olive Oil Commission of California, California Walnut Commission, American Forest & Paper Association, and the Western Growers Association.
According to a news release from the coalition dated March 17, “SB 343 operates as government-imposed censorship, prohibiting product makers from informing consumers when their packaging is recyclable unless the material satisfies rigid and arbitrary regulatory criteria set by the state.”
The plaintiffs seek a preliminary injunction to block enforcement of the law, which is already causing businesses to change their labels.
“Developing a circular economy depends on consumers knowing what and how to recycle,” the coalition’s news release said. “When a dairy farmer ships milk to a grocery store, when a restaurant sends food home in a container, when a food producer packages berries, nuts, or proteins, that packaging needs a clear path back into the recycling stream. SB 343 cuts off that communication.” “If companies cannot label recyclable packaging as recyclable, that packaging is far more likely to end up in a landfill,” it also said.
