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Bonta Won't Oppose Adding SB 54 Recycling-Law Claims to SB 343 Suit

Published
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23

Why it matters

California's attorney general told a federal court on November 2, 2026, that he will not oppose plaintiffs' request to amend their complaint in California League of Food Producers v. Bonta, a Southern District of California case. The amendment would extend the challenge from SB 343, the "Truth in Recycling" law, to parts of SB 54, the state's extended producer responsibility (EPR) packaging law. Plaintiffs argue the claims rest on First and Fourteenth Amendment grounds. The proposed amended complaint targets SB 54 provisions that redefine "recyclable," impose product and packaging design requirements, and place compliance and financial duties on businesses. It would also add the California Department of Resources Recycling and Recovery (CalRecycle) and the California Department of Tax and Fee Administration (CDTFA) as defendants and add ten causes of action against SB 54, a statute the original and first amended complaints did not challenge. The motion was filed October 8. On October 23, the court vacated a November 4 Early Neutral Evaluation conference and set an attorney-only status conference for December 15, 2026.

The attorney general's non-opposition does not decide the motion. The court has not yet ruled on leave to amend. Whether the amendment will be granted is still open.

The underlying SB 343 case began March 17, 2026, when 18 trade associations sued the attorney general, arguing the law unconstitutionally restricts truthful, non-misleading commercial speech and that its recyclability criteria are too ambiguous to enforce. On July 14, Judge William Q. Hayes granted a preliminary injunction barring enforcement of SB 343 "until further order of the Court." The law had been set to take effect October 4, 2026.

This matters because the fight may move from product labeling to the EPR fee framework, which carries far larger industry costs. SB 54 borrows SB 343's recyclability criteria, so the injunction raises a practical question: what will count as recyclable when California's per-category fees begin in 2027? Counsel advising clients on SB 54 compliance should watch the December 15 status conference and any ruling on leave to amend. If the court allows the amendment, SB 54 exposure becomes a live issue in this case. The attorney general's filing is being read by industry and consumer trackers as a sign the state will not resist the expanded claims at this stage, but that reading rests on a non-opposition, not a merits position.

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