California Becomes First State to Condition Recyclability Claims on Achieving Recyclability Criteria

California’s SB 343 requires businesses to determine that their products meet recycling access, sorting, and design requirements, or else remove recyclability claims. The law may cause product labeling requirements in California to differ from requirements in other states. Failure to comply with the law could result in enforcement or greenwashing claims. 

Law Summary 

Under the new law, a product or packaging is considered recyclable if: 

1. At least 60% of California residents have access to recycling collection for the material comprising the product or packaging. 
2. At least 60% of California recycling systems sort the material for recycling. 
3. The product or packaging meets design standards to ensure recyclability. 
4. The product or packaging meets limitations on the use of perfluoroalkyl or polyfluoroalkyl substances (PFAS).

The California Department of Resources Recycling and Recovery (CalRecycle) has determined that many common plastics, including polyethylene terephthalate, high- and low-density polyethylene, and polypropylene meet the first two criteria. However, CalRecycle will not issue determinations on the second two criteria, and it is up to regulated businesses to assess those criteria. The law does not apply to beverage containers subject to California’s bottle redemption program or to products required to display the “chasing arrows” symbol by federal or California law. 

Displaying an RIC

California and many other states require some plastic packaging to display a Resin Identification Code (RIC) identifying the type of resin used to produce the packaging. Typically, the RIC is a number placed inside a “chasing arrows” symbol. Under SB 343, products or packaging that do not meet the recyclability criteria should place the number inside a triangle instead. This may create different labeling requirements between states, as many states require the RIC to be displayed inside a “chasing arrows” symbol. 

Timing and Enforcement 

SB 343 applies to products manufactured after October 4. After that date, businesses may be subject to enforcement or greenwashing claims. California law allows the attorney general or other officials to initiate enforcement actions and collect civil penalties. California officials or private plaintiffs may also bring greenwashing suits. 

California law requires businesses who make environmental or recycling claims about their products to maintain written records containing the rationale supporting the claim. Businesses must furnish this information to the public upon request, and the records may be used to support greenwashing or enforcement actions. 

Key Takeaways 

• The October 4 Compliance Date Is Approaching: Regulated businesses may need lead time to adjust their processes to comply with the law. A review of recyclability claims against the statutory criteria can support compliance. 

• Multi-State Labeling Conflicts May Arise: Meeting California’s restrictions could put a company out of compliance elsewhere, or vice versa, creating a complex compliance landscape for businesses with national distribution. Several states, including New Jersey, New York, and Maryland, have introduced or are considering similar truth-in-labeling bills, while 29 states still affirmatively require the chasing arrows symbol on certain plastics. 

• SB 343 Faces Legal Challenge: A challenge to the law argues that it violates the First Amendment and due process. The case is pending in the Southern District of California and may impact compliance obligations for plaintiffs. 

• Companies May Face Enforcement or Greenwashing Suits: Businesses making recycling claims must maintain written documentation regarding those claims. This information may be highly relevant in potential greenwashing or enforcement actions. 

Additional research and writing from Rachel Kolb, a 2026 summer associate in ArentFox Schiff’s Chicago office.