With a nudge from industry, Congress takes aim at California recycling laws

The plastics industry is not happy with California. And it's looking to friends in Congress to put the Golden State in its place.

California has not figured out how to reduce single-use plastic. But its efforts to do so have created a headache for the fossil fuel industry and plastic manufacturers. The two businesses are linked since most plastic is derived from oil or natural gas.

In December, a Republican congressman from Texas introduced a bill designed to preempt states — in particular, California — from imposing their own truth-in-labeling or recycling laws. The bill, called the Packaging and Claims Knowledge Act, calls for a national standard for environmental claims on packaging that companies would voluntarily adhere to.

“California’s policies have slowed American commerce long enough,” Rep. Randy Weber (R-Texas) said in a post on the social media platform X announcing the bill. “Not anymore.”

Read more: Very little plastic being recycled in California as state efforts falter

The legislation was written for American consumers, Weber said in a press release. Its purpose is to reduce a patchwork of state recycling and composting laws that only confuse people, he said, and make it hard for them to know which products are recyclable, compostable or destined for the landfill.

But it's clear that California's laws — such as Senate Bill 343, which requires that packaging meet certain recycling milestones in order to carry the chasing arrows recycling label — are the ones he and the industry have in mind.

“Packaging and labeling standards in the United States are increasingly influenced by state-level regulations, particularly those adopted in California,” Weber said in a statement. “Because of the size of California’s market, standards set by the state can have national implications for manufacturers, supply chains and consumers, even when companies operate primarily outside of California.”

It's a departure from Weber's usual stance on states' rights, which he has supported in the past on topics such as marriage laws, abortion, border security and voting.

"We need to remember that the 13 Colonies and the 13 states created the federal government," he said on Fox News in 2024, in an interview about the border. "The federal government did not create the states. ... All rights go to the people in the state, the states and the people respectively."

During the 2023-2024 campaign cycle, the oil and gas industry was Weber's largest contributor, with more than $130,000 from companies such as Philips 66, the American Chemistry Council, Koch Inc. and Valero, according to OpenSecrets.org.

Weber did not respond to a request for comment. The bill has been referred to the House Energy and Commerce Committee.

Plastic and packaging companies and trade organizations such as Ameripen, Keurig, Dr Pepper, the Biodegradable Plastics Industry and the Plastics Industry Assn. have come out in support of the bill.

Other companies and trade groups that manufacture plastics that are banned in California — such as Dart, which produces polystyrene, and plastic bag manufacturers such as Amcor — support the bill. So do some who could potentially lose their recycling label because they're not meeting California's requirements. They include the Carton Council, which represents companies that make milk and other beverage containers.

Read more: California banned polystyrene. Has the plastic industry spooked the governor into silence?

"Plastic packaging is essential to modern life ... yet companies and consumers are currently navigating a complex landscape of rules around recyclable, compostable, and reusable packaging claims," Matt Seaholm, chief executive of the Plastics Industry Assn., said in a statement. The bill "would establish a clear national framework under the FTC, reducing uncertainty and supporting businesses operating across state lines."

The law, if enacted, would require the Federal Trade Commission to work with third-party certifiers to determine the recyclability, compostability or reusability of a product or packaging material, and make the designation consistent across the country.

The law applies to all kinds of packaging, not just plastic.

Lauren Zuber, a spokeswoman for Ameripen — a packaging trade association — said in an email that the law doesn't necessarily target California, but the Golden State has "created problematic labeling requirements" that "threaten to curtail recycling instead of encouraging it by confusing consumers."

Ameripen helped draft the legislation.

Advocates focused on reducing waste say the bill is a free pass for the plastic industry to continue pushing plastic into the marketplace without considering where it ends up. They say the bill would gut consumer trust and make it harder for people to know whether the products they are dealing with are truly recyclable, compostable or reusable.

“California’s truth-in-advertising laws exist for a simple reason: People should be able to trust what companies tell them," said Nick Lapis, director of advocacy for Californians Against Waste. "It’s not surprising that manufacturers of unrecyclable plastic want to weaken those rules, but it’s pretty astonishing that some members of Congress think their constituents want to be misled."

If the bill were adopted, it would "punish the companies that have done the right thing by investing in real solutions."

"At the end of the day, a product isn’t recyclable if it doesn’t get recycled, and it isn’t compostable if it doesn’t get composted. Deception is never in the public interest,” he said.

On Friday, California's Atty. Gen. Rob Bonta announced settlements totaling $3.35 million with three major plastic bag producers for violating state law regarding deceptive marketing of non-recyclable bags. The settlement follows a similar one in October with five other plastic bag manufacturers.

Plastic debris and waste is a growing problem in California and across the world. Plastic bags clog streams and injure and kill marine mammals and wildlife. Plastic breaks down into microplastics, which have been found in just about every human tissue sampled, including from the brain, testicles and heart. They've also been discovered in air, sludge, dirt, dust and drinking water.

Read more: As global plastic production grows, so does the concentration of microplastics in our brains

This story originally appeared in Los Angeles Times.