Photo of Sheila MillarPhoto of Antonia Stamenova-Dancheva

Producers covered under California’s Responsible Textile Recovery Act of 2024 (SB 707, RTRA, or Act) have until July 1, 2026, to register with Landbell USA, the producer responsibility organization (PRO) appointed by the California Department of Resources Recycling and Recovery (CalRecycle) to manage the extended producer responsibility (EPR) program established under the Act. On February 27, 2026, CalRecycle approved Landbell USA, part of the Landbell Group of Germany, as the PRO for managing textile producer obligations. A legal challenge of the PRO appointment has been filed, and a hearing on a motion for a preliminary injunction is set for August 7, 2026, but the July 1 registration deadline remains.

Read the more here.

Photo of Sheila MillarPhoto of Antonia Stamenova-Dancheva

On June 3, 2026, a federal district court in California held a hearing on a motion for a preliminary injunction in a legal challenge filed by 21 organizations contending that California’s SB 343, also known as the Truth in Recycling law, is unconstitutional. At issue in California League of Food Producers v. Bonta (Case No. 3:26-cv-01675, S.D. Cal.) is whether the exacting requirements of SB 343 on recyclable claims – including bans on the traditional “triangle of arrows” design of the plastic Resin Identification Code (RIC) – violate free speech and due process. The court did not issue a ruling from the bench, and a written opinion is expected.

Read more here.

Photo of Sheila MillarPhoto of Anushka R. Stein

The registration deadline for businesses covered under California’s Plastic Pollution Prevention and Packaging Producer Responsibility Act (SB 54) is fast approaching. On May 1, 2026, the final regulations for the Extended Producer Responsibility (EPR) program established by the Act became effective; a copy of the final regulations has not yet been posted. Producers now have until June 1, 2026, to register with the Circular Action Alliance, the designated producer responsibility organization (PRO) for California. Companies who wish to comply individually, and small businesses seeking exemptions, must register with and apply to CalRecycle by June 1.

More resources are available at CalRecycle’s Producer Guidance website.

Photo of Sheila MillarPhoto of Antonia Stamenova-DanchevaPhoto of Anushka R. Stein

On April 14, following last month’s Executive Order (EO) directing the Federal Trade Commission (FTC or Agency) to prioritize enforcement of fraudulent “Made in the U.S.A.” (MUSA) claims, the FTC announced three new MUSA enforcement actions involving four companies. Read the update here.

Photo of Antonia Stamenova-DanchevaPhoto of Anushka R. Stein

Mandatory requirements for water bead toys came into force on March 12, 2026. The Federal Safety Standard for Water Beads (Final Rule) amends the Safety Standard for Toys, 16 C.F.R. Part 1250 (Toy Standard), by adding performance and labeling requirements “to eliminate or adequately reduce the risk of injury and death to children from water bead toy hazards,” including aspiration, choking, ingestion, and insertion hazards, as well as to reduce exposure to acrylamide.

Read more here.

Photo of Sheila MillarPhoto of Antonia Stamenova-DanchevaPhoto of Anushka R. Stein

On March 17, 2026, a coalition of 18 food industry groups and trade associations brought suit in California federal court challenging the constitutionality of California’s “Truth in Labeling” law (SB 343). Plaintiffs seek a declaration that SB 343 is unconstitutional and a preliminary injunction to prevent enforcement of the law while the suit is pending. SB 343 bans the use of any statement or symbol indicating that a product or package manufactured after October 4, 2026 is recyclable unless it meets stringent recycling metrics and other criteria set out in the law, necessitating costly changes to packaging (including retooling of plastic molds that include the plastic Resin Identification Code (RIC) with the “triangle of arrows” design). The lawsuit challenges this prohibition as unconstitutional under standards for both content and commercial speech restrictions in violation of the First Amendment, a possibility we raised when SB 343 was first enacted in 2021.

Read more here.

Photo of Sheila MillarPhoto of Antonia Stamenova-Dancheva

On March 13, 2026, President Trump signed an Executive Order (EO), “Ensuring Truthful Advertising of Products Claiming to be Made in America,” directing the Federal Trade Commission (FTC or Agency) to prioritize enforcement of fraudulent “Made in U.S.A.” (MUSA) claims “wherever appropriate.” The EO’s express targets are “foreign manufacturers and sellers,” who “target patriotic consumers” with false American-origin advertising, as well as “digital marketplaces” where such products are sold. Conversely, “American businesses building, growing, and manufacturing all, or virtually all, aspects of their products onshore” appear to be the intended beneficiaries as they are, according to the EO, “entitled to the undiluted branding benefits that come with supporting the American economy, and American citizens attempting to buy American products should have certainty as to what American-origin claims mean.” Its apparent objectives notwithstanding, the EO may in fact add to already mounting uncertainty around MUSA advertising, including for well-meaning U.S. companies who seek to make impactful, as well as truthful, claims about their products.

Click here to read more.

Photo of Sheila MillarPhoto of Antonia Stamenova-Dancheva

On February 27, 2026, the California Department of Resources Recycling and Recovery (CalRecycle) approved Landbell USA as the producer responsibility organization (PRO) for managing textile producer obligations under the nation’s first extended producer responsibility (EPR) program for textiles, the Responsible Textile Recovery Act, SB 707 (RTRA or SB 707). As we wrote previously, RTRA was enacted to “establish a statewide EPR program for apparel and textiles that emphasizes repair and reuse, and minimizes generation of hazardous waste, generation of greenhouse gases, environmental impacts, environmental justice impacts, and public health impacts.” The law imposes detailed obligations on the PRO, including preparation of a statewide needs assessment to determine the necessary steps and investment needed for covered products, plus a complete plan for the collection, transportation, repair, sorting, recycling, and the safe and proper management of covered products. Producers of covered apparel and textile articles must join Landbell USA by July 1, 2026.

Click here to read more.

Photo of Sheila MillarPhoto of Tracy Marshall

On February 23, 2026, the Federal Trade Commission (FTC) and Department of Justice (DOJ) Antitrust Division launched a joint public inquiry, inviting comments on whether new antitrust guidance for business collaborations is needed and what content such guidance should cover for “a range of collaborations utilized to drive innovation and promote competition in the modern economy.” The Antitrust Guidelines for Collaborations Among Competitors issued in 2000 laid out an analytical framework that the FTC and DOJ would apply when assessing antitrust issues raised by collaborations among competitors, and thus has been a valuable resource for the business community when considering a range of collaborative actions. However, the agencies withdrew that long-standing guidance in 2024 due to changes in jurisprudence and technologies. Now the agencies follow a case-by-case approach and apply general antitrust principles, so businesses must chart their own analytical framework.

Read more here.

Photo of Sheila MillarPhoto of Tracy MarshallPhoto of Anushka R. Stein

On February 25, 2026, the Federal Trade Commission (FTC) released an important children’s privacy enforcement discretion statement: COPPA – Enforcement Policy Statement Promoting the Adoption of Age-Verification Technology. Age verification of minors is an increasingly hot topic in children’s privacy law, as several states recently adopted laws requiring companies to conduct age verification before allowing access to certain apps and online services. With the proliferation of these laws, the regulated community has raised questions about how to comply with the Children’s Online Privacy Protection Rule (COPPA Rule) when implementing age-verification mechanisms, and this was one of the topics discussed during a recent full-day workshop at the FTC. The FTC’s policy statement makes clear that the Commission will not bring enforcement actions under the COPPA Rule against operators of general audience sites and services and mixed audience sites and services that collect, use, or disclose personal information without verifiable parental consent for the sole purpose of determining a user’s age. Notably, the policy statement does not alter the Commission’s longstanding position that sites primarily directed to children under 13 should not collect age information; rather, they should assume audiences are under 13 and align data collection practices with COPPA.  

Read more here.