California Governor Newsom vetoed SB 1046, a bill aimed at combating deceptive recycling claims on plastic products, impacting state-level labeling reforms.
California Governor Gavin Newsom vetoed Senate Bill 1046 on September 29, 2023, rejecting legislation that would have expanded the state's authority to regulate misleading "recyclable" labels on plastic products.
This veto halts an immediate legislative effort to curb greenwashing in the plastics sector, leaving current labeling standards in place and shifting the burden of accurate recycling claims back to existing regulatory bodies, affecting brand owners and material recovery facilities (MRFs) alike.
Newsom's Veto Undermines California's Labeling Reform Efforts
SB 1046 sought to prohibit the use of the chasing-arrows symbol or any implication of recyclability on plastic products unless the California Department of Resources Recycling and Recovery (CalRecycle) had determined the material was routinely collected and processed for recycling. The bill aimed to build on the foundation of SB 343, passed in 2021, which established new criteria for truth in labeling regarding plastic recyclability in California. Newsom's veto message cited concerns about potential conflicts with federal regulations and the need for a more harmonized approach, despite the bill's intent to clarify state-specific standards.
- SB 1046 would have empowered CalRecycle to establish specific criteria for "recyclable" claims.
- The bill targeted plastics, requiring 75% statewide collection and sorting capability for a product to be labeled recyclable.
- Governor Newsom's veto message emphasized avoiding a "patchwork" of state-specific labeling laws.
- Environmental groups, including Californians Against Waste, expressed strong disappointment, citing continued consumer confusion.
- Industry associations, such as the American Chemistry Council, generally opposed the bill, advocating for national standards.
Industry Impact and Regulatory Gridlock
The governor's decision maintains the status quo, where the interpretation and enforcement of recycling claims largely fall under the Federal Trade Commission's (FTC) Green Guides, which are often criticized for being too broad and lacking specific metrics for plastics. This creates continued ambiguity for plastics manufacturers, brand owners, and packaging designers attempting to comply with environmental marketing claims. For MRFs and plastics recyclers, the veto means no immediate change to the incoming material stream composition driven by enhanced labeling accuracy, delaying potential improvements in feedstock quality and market signals for harder-to-recycle plastics. Operators must still contend with a high volume of non-recyclable materials entering the recycling stream, impacting processing efficiency and residue rates.
What This Means for Recyclers
Recyclers, particularly those handling mixed plastics, should prepare for sustained challenges in material sorting and contamination, as the clarity promised by SB 1046 will not materialize. The focus will remain on technological advancements in sorting and processing, alongside advocating for clearer federal guidelines or future state-level legislative attempts. Operators must continue to invest in advanced optical sorters and other separation technologies to manage the diverse and often mislabeled plastic waste streams entering their facilities.
