A coalition of food industry companies filed a federal lawsuit Tuesday alleging a 2021 California recycling law restricts their freedom of speech.
What happened: The coalition, which includes packaging manufacturers, grocers, restaurants and food producers, is seeking an injunction to block enforcement of the law, which restricts the products that companies can label as being recyclable, while the legal challenge plays out. The suit was filed in the U.S. District Court for the Southern District of California.
Why this matters: The law, state Sen. Ben Allen’s SB 343, bars producers from labeling their products as recyclable or using the “chasing arrows” symbol unless packaging meets state-set recyclability criteria. Sometimes called the “Truth in Recycling” law, it was meant to limit misleading claims and avoid nonrecyclable products bogging down recycling facilities. But the industry coalition argues the rules are chilling speech, driving up costs and may leave consumers unclear about what products to put in the recycling bin.
The lawsuit fits into a broader pattern of First Amendment challenges to California’s environmental disclosure mandates. Industry groups have similarly challenged the state’s climate disclosure laws, SB 253 and SB 261.
