Broad Coalition of Farmers, Dairy Product Makers, Packaging Manufacturers, Restaurants, and Grocers Sue California Over “Speech Ban” Law That Undermines Recycling and Violates the First Amendment

A broad coalition of farmers, food producers, restaurants, packaging manufacturers, and grocers today filed a federal lawsuit challenging California’s SB 343 (2021), calling the law an unconstitutional restriction on free speech that will reduce recycling, confuse consumers, and increase cost pressures for California families. The lawsuit, filed in the U.S. District Court for the Southern District of California, argues that SB 343 operates as government-imposed censorship, prohibiting product makers from informing consumers when their packaging is recyclable unless the material satisfies rigid and arbitrary regulatory criteria set by the state. Plaintiffs are seeking a preliminary injunction to block enforcement of the law, which goes into effect on October 4, 2026, but is already causing businesses to change their labels.