On March 17, 2026, a coalition of 18 food industry groups and trade associations brought suit in California federal court challenging the constitutionality of California’s “Truth in Labeling” law (SB 343). Plaintiffs seek a declaration that SB 343 is unconstitutional and a preliminary injunction to prevent enforcement of the law while the suit is pending. SB 343 bans the use of any statement or symbol indicating that a product or package manufactured after October 4, 2026 is recyclable unless it meets stringent recycling metrics and other criteria set out in the law, necessitating costly changes to packaging (including retooling of plastic molds that include the plastic Resin Identification Code (RIC) with the “triangle of arrows” design). The lawsuit challenges this prohibition as unconstitutional under standards for both content and commercial speech restrictions in violation of the First Amendment, a possibility we raised when SB 343 was first enacted in 2021.
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