Industry groups sue California over Truth in Recycling law

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A coalition of farming, forestry, restaurant and packaging organizations are suing California over its Truth in Recycling law, arguing it violates their right to free speech.The industry trade groups, which include the Dairy Institute of California, the Flexible Packaging Assn.and the Western Growers Assn., filed their suit in the U.S.

District Court for the Southern District of California on Tuesday.They argue that Senate Bill 343, which governs the use of the “chasing arrows” recycling symbol in California, operates as “government-imposed censorship,” according to a news release issued by a public affairs firm contracted by the group.The California law says only truly recyclable products may carry the label.

The businesses say only when “the material satisfies rigid and arbitrary regulatory criteria set by the state” are they able to inform consumers their packaging is recyclable.They are also seeking a preliminary injunction to block enforcement of the law while the challenge proceeds through the court.“SB 343 forces dairy product manufacturers to remove vital recycling guidance from the very cartons Californians rely on every day,” said Dairy Institute of California Executive Director Katie Davey, in the statement.“This law ignores the reality of our recycling infrastructure and unconstitutionally restricts our right to provide transparent recycling instructions to consumers.

We are seeking to stop this policy before it leads to more waste and disrupts our ability to deliver milk to California families and schools.”The bill was signed by Gov.Gavin Newsom in 2021 and went into effect in 2025.

It prohibits manufacturers from using a “chasing arrows” symbol on products or materials that aren’t actually being recycled in any meaningful way in California.In January, CalRecycle, the state’s waste agency, issued a report showing that most single-use p...