On July 14, 2026, the United States District Court for the Southern District of California granted a request for a preliminary injunction blocking enforcement of SB 343, also known as California’s “Truth in Recycling” law. Restrictions on recyclability claims were set to take effect on October 4, 2026, for products or packaging manufactured after
Sheila Millar
Sheila A. Millar is a partner at Keller and Heckman LLP, where she represents businesses and trade associations on a variety of public policy and regulatory issues, including privacy, data security, cybersecurity and advertising matters, as well as product safety issues. She has been involved in a variety of audit and compliance projects, including, among other issues, privacy and data security audits, and is experienced in providing crisis management legal support to a variety of national and international companies and associations.
Ms. Millar is a frequent speaker on regulatory and public policy matters, and has authored many articles. Ms. Millar is one of the vice chairs of the International Chamber of Commerce (ICC) Marketing and Advertising Commission, and chair of its Working Group on Sustainability, where she spearheaded the development of the ICC Framework Guides on Environmental Marketing Claims.
Ms. Millar is AV® PreeminentTM Rated by Martindale-Hubbell and for the eigth consecutive year was selected by her peers for inclusion in The Best Lawyers in America® 2018 for her work in practicing Advertising Law. She has also received the distinguished honor of Advertising Law "Lawyer of the Year" 2014 in Washington, DC by Best Lawyers®, and was awarded Advertising and Marketing Lawyer of the Year USA by Finance Monthly for their Finance Monthly Global Awards 2017.
FTC Maintains Focus on “Made in USA” Claims
Following a sweep of enforcement actions and closing letters related to “Made in the USA” (MUSA) claims earlier this year, the Federal Trade Commission (FTC or the Commission) continues its focus on these claims with recent warning letters to seven companies. On July 6, 2026, the FTC announced that it had issued warning letters to…
Supreme Court Rules FTC Commissioner Can Be Fired
On June 29, 2026, the Supreme Court of the United States (the Court) struck down Humphrey’s Executor v. United States, the nearly century-old precedent that restricted presidential authority to fire independent agency officers at will. The Court’s decision in Trump v. Slaughter, in which a former Commissioner of the Federal Trade Commission (FTC)…
Second Lawsuit Challenges Constitutionality of Oregon’s Packaging EPR Law
On June 25, 2026, Lollicup USA, a manufacturer of single-use disposable products for the restaurant and food services industries, filed in federal district court a putative class action lawsuit challenging the constitutionality of Oregon’s Plastic Pollution and Recycling Modernization Act, SB 582 (the Act or RMA). Like several other state laws, the RMA establishes extended…
California Packaging EPR Program Faces Legal Challenges
On June 22, 2026, a coalition of 17 states led by Nebraska’s attorney general (AG) plus the National Association of Wholesaler-Distributors (NAW), filed a federal lawsuit in the Eastern District of California, challenging the constitutionality of SB 54 (or the Act), California’s extended producer responsibility (EPR) law for packaging. Defendants include the California Department of…
California’s Responsible Textile Recovery Act Registration Deadline Less than a Month Away
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…
Written Opinion on SB 343 Constitutional Challenge Expected After Hearing
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.
Producers Must Register by June 1 Under California’s New EPR Regulations
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…
FTC Follows New Executive Order with a “Made in the USA” Sweep
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.
Industry Groups Challenge Constitutionality of California’s “Truth in Labeling” Law
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…