SB 343: California Restricts Marketing of "Recyclable" Products
Summary
SB 343, passed in October 2021, amends existing law that makes it unlawful to use any misleading environmental marketing claims on product packaging. Specifically, SB 343 provides that the misuse of a “chasing arrows” symbol, the term “recyclable,” or any other suggestion that a material is recyclable, is prohibited. However, manufacturers may use these claims if the packaging or material is considered recyclable in the State of California pursuant to regulations to be adopted by the Department of Resources Recycling and Recovery. To be recyclable, the product and packaging must not contain perfluoroalkyl or polyfluoroalkyl substances (PFAS), or inks or additives that cannot be recycled.
A violation of the law is a misdemeanor. If a product is labeled or advertised using the chasing arrows symbol, the producer must maintain records on "specified information and documentation supporting the validity of the representation."
