On October 8, 2026, Plaintiffs in California League of Food Producers v. Bonta (S.D. Cal.) asked the Court for permission to file a Second Amended Complaint (SAC) in their legal challenge to SB 343, California’s Truth in Recycling law, to assert additional related claims that certain provisions of SB 54, California’s extended producer responsibility (EPR)
CPSC Publishes Federal Register Notices for Coin Batteries and Lithium-Ion Batteries for Micromobility Devices
On October 5, 2026, the Consumer Product Safety Commission (CPSC) published two announcements in the Federal Register seeking public comments on two separate proposed standards for batteries.
The first is a request to the Office of Management and Budget (OMB) to approve extension of the information collection requirements for the Safety Standard for Button Cell
Court Denies Intervention Request in SB 343 Challenge
On September 28, 2026, the Court in California League of Food Producers v. Bonta (S.D. Cal.) denied a motion to intervene in the suit (Motion) filed by two non-profit organizations, Earth Island Institute (EII) and Californians Against Waste (CAW) (September 28 Order). As we discussed here and here, the case was filed in the
New Update: Federal Court Upholds Oregon Packaging EPR Law’s Constitutionality
Updated: Our analysis of the federal court decision upholding Oregon’s packaging EPR law has been updated to reflect two key developments: NAW’s appeal of that decision to the Ninth Circuit, and the extension of the filing deadline for the parties’ joint status report in the separate Lollicup v. Feldon litigation.
Read the full analysis here
Amended California Battery EPR Bill Now Law
On September 20, 2026, California Governor Newsom signed California bill SB 501 into law, which modifies provisions of the state’s Responsible Battery Recycling Act (AB 2440 or the Act). AB 2440, enacted in 2022, establishes an extended producer responsibility (EPR) program administered by the California Department of Resources Recycling and Recovery (CalRecycle), with the
Further Delay in SB 343 Legal Challenge
On September 23, 2026, the Court again postponed the previously scheduled Early Neutral Evaluation (ENE) conference and related deadlines in the ongoing litigation involving a First Amendment challenge to SB 343, California’s “Truth in Recycling” law. The ENE conference is now scheduled for November 4, 2026.
Federal Court Upholds Oregon Packaging EPR Law’s Constitutionality
On August 27, 2026, after a 5-day bench trial, U.S. District Judge Michael H. Simon upheld in its entirety Oregon’s Plastic Pollution and Recycling Modernization Act (RMA), the state’s Extended Producer Responsibility (EPR) law, reversing an earlier preliminary injunction that captured stakeholder attention. This is the first federal court decision upholding a packaging EPR law
Court Halts Enforcement of California’s “Truth in Recycling” Law
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
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)