Greenwashing, EPR & Chemical Updates

Trade Groups File Federal Constitutional Challenge to California’s SB 343

In March 2026, a coalition of trade groups filed a lawsuit in federal court challenging California’s SB 343, a greenwashing law known as the Truth in Recycling Act. Plaintiffs argue that the law unconstitutionally restricts truthful commercial speech in violation of the First Amendment and is void for vagueness under the Due Process Clause of the Fourteenth Amendment. Earlier this month, the Court granted a preliminary injunction on First Amendment and Due Process grounds, temporarily enjoining enforcement of the law. Following that decision, two environmental groups filed motions to intervene and support the state’s effort to defend SB 343.