This Judge Figures Using the Misleading Recycling Symbol is Probably Free Speech
This story was originally published by Grist and is reproduced here as part of the Climate Desk collaboration. A pioneering California law meant to sharply limit use of the familiar “chasing arrows” recycling symbol has been blocked by a federal judge who said it probably violates the First Amendment. In a preliminary injunction issued last month, US District Judge William […]
A federal judge has blocked a California law aimed at limiting the use of the recycling symbol on plastic products, stating that the legislation likely violates the First Amendment. US District Judge William Hayes issued a preliminary injunction last month, halting the enforcement of SB 343, which was passed in 2021. The law sought to restrict the use of the familiar "chasing arrows" symbol to goods and packaging accepted by recycling programs in at least 60 percent of California and then actually recycled—not collected and discarded.
Environmental advocates hailed the ruling as a victory, arguing that the law would have misled consumers and hindered recycling efforts. However, the judge ruled that SB 343 was "unconstitutionally vague" and an infringement on protected commercial speech. The decision surprised supporters, who said similar arguments against environmental marketing regulations usually struggle in court.
Judge Hayes applied a four-part test to determine whether the law unduly restricted companies' speech rights, finding that the legislation would not advance California's legitimate interests in reducing consumer confusion and improving recycling rates. Industry groups welcomed the injunction, contending that it would prevent California from "censoring truthful information on packaging."
Written by urgent.news from Mother Jones's reporting — not their text. Machine-written; read the original for the full account.
