Clock Starts On California "Truth In Recycling" Law Compliance As CalRecycle Publishes Final Material Characterization Study

On Friday, CalRecycle published its final material characterization study, which marks the start of the compliance clock for SB 343.

For those who have not read our previous blog posts (here, here and here) on SB 343, here's the(high level) backgroundyou need to know:

• At the end of 2021, California enacted a novel "Truth in Recycling" law that prevents products or packaging from including any sort of recyclable claim (including use of a chasing arrows symbol) unless it is "considered recyclable in the state" and meets certain criteria.
• The law directed CalRecycle to publish standards (in the form of a "Material Characterization Study") regarding what sorts of material types/forms meet certain criteria under the law to be considered recyclable.
• Under the law, marketers have 18 months from the date the final Material Characterization Study is published to bring their products and packaging into compliance with SB 343.
• Since then, CalRecycle has published and updated its preliminary findings a few times, and finally published itsfinalMaterial Characterization Study on Friday, April 4, 2025 (availablehere).
• That means marketers have untilSunday, October 4, 2026to bring their products and packaging into compliance.

What Now?

Marketers can start reviewing their products and packaging that carry recyclable claims to determine if they can (at least in part – more on that below) comply with SB 343 – and, if not, should consider revising recyclable representations on those items over the course of the next 18 months.

In order to do so, the Material Characterization Study will be helpful, but not the end of the inquiry, and here's why:

• In order to be considered "recyclable in the state" under SB 343, such that they can carry a "recyclable" representation, products or packaging have to meet the following criteria:
  1. Be accepted for collection by jurisdiction recycling programs
  2. Be sorted into defined streams by large volume transfer/processing facilities
  3. Be sent to a reclaimer and reclaimed consistent with the Basel Convention
  4. Meet specific composition and design requirements.
• While marketers can look to the Study for information regarding criteria #1 and #2, the Study specifically states that it does not provide information for criteria #3 and #4 (and therefore "it does not contain all of the information necessary to determine the recyclability status for any particular product or packaging").
• Specifically, the study says that criteria #3 would "require reclaiming facilities located both in and out of the state to report on their acceptance of materials and the ultimate reclamation of those materials" – something CalRecycle says it does not have the authority to compile. (Luckily, the law itself lays out #4).

Many of the public comments to the preliminary study findings highlighted this concern specifically, noting that businesses are still lacking all of the information they need to properly comply with SB 343.

Will lawmakers step in to add clarity here? We can't say. But for now, marketers can at least begin reviewing their products and packaging for compliance with the other three criteria and start taking action for products that don't at least pass muster on those requirements.

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