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ARTICLE · 12 NOVEMBER 2021

California Law Restricts Recyclability Claims

Global Advertising Lawyers Alliance (GALA)
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The recently signed California Senate Bill 343 prohibits use of the "chasing arrows" recyclable symbol, or any other symbol or statement indicating that a product or packaging is recyclable...

United StatesConsumer Protection
Stuart Lee Friedel (Davis & Gilbert LLP)
Stuart Lee Friedel (Davis & Gilbert LLP)
Alexa Meera Singh (Davis & Gilbert LLP)
Alexa Meera Singh (Davis & Gilbert LLP)
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The recently signed California Senate Bill 343 prohibits use of the "chasing arrows" recyclable symbol, or any other symbol or statement indicating that a product or packaging is recyclable, in California, unless the product is recyclable in accordance with certain to-be-developed standards. 

Requirements

The law requires that, on or before January 1, 2024, the California Department of Resources Recycling and Recovery (CalRecycle) take steps to evaluate and identify which materials are recyclable in the state.

Can Be Recyclable

Based on CalRecycle's findings, a product or packaging can be deemed recyclable if: 

  • The material type and form is collected for recycling by recycling programs for jurisdictions that collectively encompass at least 60% of the population of the state; and

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