PCPC has joined 20 other trade associations in a First Amendment lawsuit challenging California’s SB 343, a law that restricts the use of recycling symbols and claims on packaging. The lawsuit contends that SB 343 makes it risky for businesses to provide recycling instructions, chilling speech, and increasing compliance costs as companies alter or remove labels to avoid liability.

A circular economy relies on clear consumer guidance. As the complaint notes, “If companies cannot label recyclable packaging as recyclable, that packaging is far more likely to end up in a landfill.” The coalition argues the law risks confusing consumers, suppressing accurate information, and discouraging investment in more sustainable packaging.

California’s SB 343 (Truth in Recycling) was enacted in October 2021. The law restricts the use of recycling claims and symbols, including the chasing arrows, unless a product meets California specific criteria for being collected, sorted, and recycled at scale statewide. SB 343 also limits the use of plastic resin identification codes on most packaging unless California specific conditions are met. Labeling requirements apply to products and packaging manufactured on or after October 4, 2026.

The coalition argues that SB 343 imposes a sweeping content-based restriction on speech, barring companies from using widely recognized recycling symbols and statements even when they are factually accurate unless packaging meets state-defined criteria. According to the complaint, those criteria “do not reflect real-world recycling capabilities” and are “vague and difficult to apply.” On Friday, April 24, the plaintiffs filed a motion for a preliminary injunction against enforcement while the litigation proceeds. A hearing date will likely take place in federal court in early June. PCPC will keep members updated as the case progresses.

This action is one of the many ways PCPC advocates for the industry—protecting clear communication, supporting compliance, and advancing sustainable innovation.