On Monday, March 16, CGA and a coalition of trade associations filed a federal lawsuit challenging SB 343. As a named plaintiff, the Association and its fellow coalition members argue the law represents an unconstitutional restriction of free speech that will reduce recycling, confuse customers, and increase costs for businesses.
For review, SB 343 (D-Allen) was signed into law back in 2021. The law prohibits the use of the “chasing arrows” recyclability logo or any other reference to recyclability unless certain standards are met.
Via the coalition’s press release issued earlier today:
“At its core, the lawsuit challenges what plaintiffs describe as a sweeping content-based restriction on speech. SB 343 bars producers from using widely recognized recycling symbols and statements, even when factually accurate, unless the packaging meets state-imposed recyclability criteria that do not reflect real-world recycling capabilities or local program variation. What’s more, those criteria are vague and difficult to apply in practice, with the legality of a recyclable claim dependent on decisions of a multitude of recycling program operators that are outside the control and knowledge of producers. Fundamentally, SB 343 makes it risky for businesses to label their products recyclable.”
The lawsuit’s initial goal is to be granted a preliminary injunction to block enforcement of SB 343, which goes into effect Oct. 4, 2026, while a constitutional challenge is being considered by federal courts. A similar legal challenge filed in Oregon by the National Association of Wholesaler-Distributors succeeded in earning a preliminary injunction in early February.
For more information, contact Rachael O’Brien.