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California has enacted the first US state law that prohibits using the chasing arrows recycling symbol unless a product or package meets verified recyclability criteria. This is SB 343, known as the Truth in Recycling or Truth in Labeling law. Specifically, its application date, October 4, 2026, is now less than two months away.
However, in late July 2026 a federal court temporarily blocked its enforcement, adding a layer of uncertainty that cosmetic brands should neither ignore nor misread.
What SB 343 actually requires
The law does not ban selling non-recyclable packaging: it bans claiming that something is recyclable when it is not, in practice. Specifically, to use the chasing arrows symbol, or any wording such as “recyclable” or “please recycle,” packaging must meet several criteria simultaneously. These criteria come from CalRecycle and the Association of Plastic Recyclers (APR):
- Access. It is not enough for a material to be recyclable in theory – real infrastructure must exist to collect it. For example, the law requires that at least 60% of California’s population have access to a program that collects that type of material.
- Sorting. Once collected, the material must be capable of being correctly separated at the sorting facility. Similarly, the same 60% threshold applies here: the facilities that process it must cover at least that proportion of the state’s sorting programs.
- Design. Packaging is assessed as a whole, not just by its main material. For instance, an ink, an adhesive, a closure or a label can each hinder recycling under the criteria set out in the APR design guide. As a result, the entire package is considered “Not Recyclable,” even if the main body is.
- Safety. In addition, the material must also meet certain requirements regarding the presence of chemical substances, including heavy metals and PFAS.
What this means for common packaging materials
In practice, this excludes a fair number of commonly used plastics. According to data published by CalRecycle, certain rigid PET, HDPE and PP formats, along with some multi-use LDPE formats, meet the collection and sorting thresholds set by the law. However, other materials and formats, such as PVC, PS and most flexible films and packaging, currently fall short of those thresholds through the standard pathway.
There is one nuance that hits cosmetics directly: flexible packaging and pouch formats have a particularly hard time. Indeed, current CalRecycle data show that these formats generally fall short of the thresholds required for the standard SB 343 recyclability pathway.
Why this particularly affects cosmetic packaging
The cosmetics industry routinely uses the formats that carry the greatest risk under SB 343:
- Sachets and pouches used for samples or refills have great difficulty meeting the criteria, except in very specific cases.
- Multi-layer tubes (with an aluminum or EVOH barrier) can be particularly problematic and often fail the design criterion.
- Airless or pump packaging, where the metal component or internal spring can invalidate the recyclability of the whole unit, even if the main container is PET or PP.
- Jars and containers with multiple materials (lid, applicator, seal), which need to be assessed piece by piece rather than by the dominant material alone.
A package can technically be PET and still not qualify to be labeled recyclable. That is because the closure, the label adhesive or the applicator can prevent it from meeting the APR design criterion. As a result, many brands assume compliance they have not actually documented.
The recent turn in SB 343: a temporary court block, not a cancellation
In March 2026, a coalition of trade associations from the food, packaging, retail and personal care sectors, among others, filed a lawsuit before the US District Court for the Southern District of California. They argued that several of the law’s terms – such as a material being recycled “regularly,” a component “impeding” recyclability, or waste reaching facilities compliant with the Basel Convention – are too vague for a company to determine compliance with certainty, and that the law excessively restricts commercial free speech protected under the First Amendment.
In late July 2026, the court granted a preliminary injunction suspending enforcement of SB 343 while the litigation continues. This does not amount to a final repeal: the measure is temporary, can be appealed, and the court could still uphold the law in whole or in part later on. CalRecycle, in fact, continues to publish program updates (most recently on June 24, 2026) without permanently removing the October 4, 2026 date from its official website.
There is another important nuance: even though the law is not in active enforcement, several law firms are already using it as a reference in private lawsuits over unfair competition and misleading advertising in California. In other words, the SB 343 framework is already influencing the courts, regardless of whether it currently carries enforcement power.
What cosmetic brands should do about SB 343
The court pause is an opportunity to better prepare for a more than likely approval of the law in the coming months. At Cosmeservice, we can help you audit your packaging portfolio and meet the criteria of the new regulation:
- We audit all packaging and materials sold in California that carry the chasing arrows symbol or any recyclability claim.
- We check each reference against the APR design guide, also reviewing secondary components (caps, pumps, adhesives, labels).
- We review the technical documentation on the actual recyclability of each component, not just the main material, requesting this information when necessary.
- We help find alternative designs in case the law ultimately becomes enforceable in its current form.
- We track the progress of the litigation and keep you informed of any changes, as a ruling could shift the timeline at any moment.
It is also worth noting that the restriction applies based on the manufacturing date, not the sale date. In other words, packaging manufactured before October 4, 2026 can continue to be sold without being subject to these new restrictions, even if the sale takes place afterward.
If you need more information on how Cosmeservice can help you audit your packaging portfolio against the SB 343 criteria, feel free to contact us through the following channels: filling out our contact form or writing to us directly at info@cosmeservice.com.
FAQs
Is the October 4, 2026 date still in effect?
Yes, formally. A federal court has temporarily blocked its enforcement through a preliminary injunction, but the legal date has not been repealed, nor has CalRecycle removed it from its official website.
What does the injunction mean for my brand?
It means the risk of immediate penalties is reduced while the litigation is ongoing, but not that the law has gone away. Brands should keep preparing for compliance as if the date still stood.
Which types of cosmetic packaging carry the most risk?
Sachets and pouches, multi-layer tubes, airless packaging with metal components, and any packaging with multiple materials that have not been assessed individually.
Can I keep selling my current stock after October 2026?
Yes, provided it was manufactured before that date. The restriction applies based on the manufacturing date, not the sale date.
What happens if my package is technically recyclable but does not meet all four criteria?
You will not be able to use the chasing arrows symbol or any recyclability claim in California, even if the material is recyclable in other markets.
Are there alternatives if my packaging does not meet the criteria?
Yes: replace the chasing arrows symbol with a plain triangle showing the resin code, or remove any recyclability claim, while a packaging redesign is being evaluated.
