California's SB 343 truth-in-labelling law, which restricts use of recyclability symbols such as the chasing arrows, applies to products and packaging made after 4 October 2026, according to CalRecycle. A preliminary injunction granted in July suspended most enforcement, but companies that do not comply remain exposed to private lawsuits. Amcor says the resulting uncertainty is stalling moves to formats such as paper-based flexible packaging, while How2Recycle is continuing to prepare for compliance.
Why this mattersUnresolved recyclability-claim rules leave US converters exposed to private litigation and are holding back commitments to new recyclable formats such as paper-based flexibles.
- SB 343 restrictions on recyclability claims apply to products and packaging made after 4 October 2026, according to CalRecycle
- A preliminary injunction granted in July 2026 suspended most enforcement, but private lawsuits against non-compliant companies remain possible
- Under SB 343, a material may be called recyclable only if it is collected by programmes covering at least 60 per cent of California's population and sorted at facilities serving at least 60 per cent of state recycling programmes
- Recyclability determinations under SB 343 also feed into the extended producer responsibility programme created by SB 54 of 2022
- Sarah Paleg, sustainability director at Amcor's flexible packaging division, says the law has added a new level of substantiation and is stalling shifts to formats such as paper flexibles
- How2Recycle processed about 35,000 label requests this year as users migrated to How2Recycle Pro, with requests up 29 per cent year on year
Five US members of Congress have asked US Trade Representative Jamieson Greer to fold domestic RPET recycling into Section 301 investigations of foreign plastics overcapacity. They cite the loss of more than a quarter of US PET recycling capacity in the past 12 months, with seven of roughly 30 domestic reclaimers closing, and want trade remedies, tighter traceability of recycled-content claims and stronger enforcement against import misclassification. The request targets alleged excess-capacity practices in Vietnam, Malaysia, Indonesia, India, Thailand and South Korea.
Why this mattersCheap, potentially mislabelled imported PET is undercutting US recyclers just as brand owners face rising recycled-content mandates, threatening domestic feedstock supply.
- More than a quarter of US PET recycling capacity has been lost in the past 12 months, with seven of about 30 domestic reclaimers closing
- Feedstock PET bale prices hit an all-time low of 1.44 cents/lb in April 2026, per RecyclingMarkets.Net
- Lawmakers asked USTR to examine excess-capacity practices in Vietnam, Malaysia, Indonesia, India, Thailand and South Korea
- They requested trade remedies on PET imports under HTS subheadings 3907.61, 3907.69 and 3907.99.50
- The EU has anti-dumping duties on PET imports and Canada has opened dumping and subsidy probes into PET resin
- The US is not party to the Basel Convention, limiting export options for domestic recyclers
The New Jersey Department of Environmental Protection has extended the exemption for food-contact rigid plastic packaging under the state's Recycled Content Law in a memorandum dated 4 September 2026, moving its expiry from 18 January 2027 to 31 December 2029, so post-consumer recycled content is required only from 1 January 2030. NJDEP said food-grade PCR technology is not yet at sufficient scale, described the supporting research as deliberative and confidential, and said it had not sought input from recyclers, suppliers, brand owners or manufacturers. Non-food rigid containers and beverage and glass containers are unaffected and still move to 20 per cent recycled content in 2027.
Why this mattersA three-year delay in one of the largest US state PCR mandates removes near-term demand certainty for food-grade recycled resin, a template other states have followed.
- NJDEP's 4 September 2026 memorandum extends the food-contact rigid plastic packaging PCR exemption from 18 January 2027 to 31 December 2029, under N.J.S.A. 13:1E-99.144(b).
- Non-food rigid plastic containers remain at 10% PCR, rising to 20% in 2027.
- Plastic beverage and glass beverage containers have required 15% PCR since 2024, rising to 20% in 2027 and to 50% in later stages.
- NJDEP cited limited food-grade PCR supply and technology readiness, and said the underlying research is deliberative and confidential.
- Recycler Plastic Recycling Inc. says food-grade resin projects developed over two years have been paused and some supply deals cancelled.
- APR, NAPCOR and The Recycling Partnership say NJDEP did not consult recyclers, suppliers, brand owners or manufacturers before issuing the extension.
- NJDEP expects food-grade PCR availability and technology to be more robust by 1 January 2030 and has reserved the right to extend the exemption further.
