Stakeholders Monitor Federal Injunction With California Packaging Labeling Law

Stakeholders continue to monitor the July 14 decision by a federal court in California to temporarily block the state from enforcing its recycling labeling law, SB 343.

Set to take effect in October, SB 343 has been opposed by trade associations representing food producers, grocers, retailers, and restaurant owners. They have argued the law is vague and violated their commercial speech rights, according to a report from Courthouse News Service. Senior U.S. District Judge William Hayes in San Diego issued the preliminary injunction, the news service reported.

Gov. Gavin Newsome signed the measure into law in 2021, requiring products to meet criteria for labeling and recyclability claims found on packages.

“GreenBlue and How2Recycle are closely tracking the news coming out of California regarding SB 343,” the organizations say in a statement. “We appreciate the court’s careful consideration of providing consumers with recycling information on packaging, a priority that aligns with How2Recycle’s mission.”

How2Recycle, which was formed by GreenBlue, creates labels based on nationally harmonized data, providing on-package disposal instructions for consumers, according to its website.

“This injunction ruling reflects our belief that on-pack labeling plays an indispensable role in helping consumers make informed disposal decisions,” the groups add. “Specifically, the court highlighted concerns that restricting qualified recycling information—like the Check Locally label—could result in a loss of qualified information, leaving consumers with more uncertainty about how to properly dispose of packaging.”

The groups also say that the court’s decision acknowledges the role that simple, accurate, and locally relevant recycling instructions play in supporting effective recycling outcomes.

In a note to their members, the groups say that there are currently no changes to the How2Recycle labeling plan.

“We are reviewing internally how we may allow flexibility for those impacted by this ruling and would like to remind everyone that SB 343 is still an active law,” they say. “The injunction only pauses enforcement by the California Attorney General against the plaintiffs in the suit while further review is conducted by the court.”

How2Recycle further notes that it will continue to evolve its label as legislation in the U.S. and Canada changes.