SB 343: IS RECYCLING LIABILITY ON THE WAY?

U.S. Energy Infrastructure and Resources, Litigation and Dispute Resolution, and Policy and Regulatory Alert

By: Buck B. Endemann, Caitlin C. Blanche, David Wang, Damon M. Pitt

California’s new recyclability law could create liability associated with labeling and packaging issues. On 9 September 2021, the California Legislature overwhelmingly passed “The Truth in Labeling for Recyclable Materials” bill (SB 343), which prohibits the use of the “chasing arrows” symbol (or any other indication of recyclability) on products or packaging that are not deemed “recyclable” under criteria to be established by the California Department of Resources Recycling and Recovery (CalRecycle).¹ Governor Gavin Newsom signed the bill into law on 6 October 2021.