A cross-sector group of packaging producers, farmers, restaurants and grocers has filed a class action lawsuit seeking a preliminary injunction to block enforcement of SB 343, California’s controversial recycling labeling law.
The coalition argues the legislation imposes unconstitutional restrictions on free speech, ultimately working against recycling participation programs by making it harder for consumers to understand what can and cannot go in the bin.
At the heart of the complaint is SB 343’s prohibition on the use of widely recognized recycling symbols and claims, even when those claims are factually accurate, according to the suit.
Under the law, producers cannot label packaging as recyclable unless it meets state-defined, “rigid” criteria that allegedly fails to reflect how recycling actually works.
“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,” the group wrote in a joint statement. “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.”
Industry associations have added their voices to the challenge.
“SB 343 establishes labeling standards that could discourage innovation and limit the ability to provide accurate recycling information to consumers,” the American Forest and Paper Association stated, noting that industry efforts to improve recyclability for already widely recycled materials are in motion.
The Flexible Packaging Association echoed AF&PA’s concerns, stating that the legislation negatively impacts the ability of flexible packaging producers to provide reliable recycling information and “relies on standards that do not always reflect real world recycling conditions.”
With SB 343 enforcement set to begin Oct. 4, 2026, the outcome of the injunction request could have broad implications for packaging label standardization efforts already underway across the waste and recycling industry.
