Federal judge blocks California recycling symbol law

A federal judge granted a preliminary injunction blocking a California law that limits when manufacturers may place recycling symbols on packaging. The statute, signed in 2021, prohibits use of the chasing arrows symbol unless the material meets state-defined recycling thresholds.

It was set to take effect October 4. A coalition of farming, forestry, restaurant and packaging organizations sued the state in March, arguing the restrictions violate free speech protections.

Court ruling Judge William Hayes found the challenge had merit and ordered the attorney general not to enforce the law while litigation continues. Industry groups welcomed the decision. Californians for Affordable Packaging said the coalition would continue to argue that the state can strengthen recycling without censoring information on packaging.

Julie Landry, vice president of government affairs at the American Forest & Paper Association, called the ruling a significant win for businesses that want to give consumers accurate product information.

Opposing views Advocates for reduced plastic use disagreed.

Nick Lapis, director of advocacy for Californians Against Waste, said the court got it wrong and expressed confidence the state would prevail. Lapis stated that the law requires companies to tell the truth when making recyclability claims and does not violate the First Amendment.

A CalRecycle report issued in January showed less than 10 percent of most single-use plastic materials in the state were recycled. Polypropylene containers reached only 2 percent, and colored polyethylene bottles reached 5 percent. Plastic that is not recycled is typically sent to landfills or sometimes shipped overseas.