The plastic industry is not happy with California. And he’s counting on his friends in Congress to put the Golden State in its place.
California hasn’t figured out how to reduce single-use plastic. But its efforts to do so have created a headache for the fossil fuel industry and plastic makers. The two activities are linked since most plastic comes from oil or natural gas.
In December, a Republican congressman from Texas introduced a bill aimed at preventing states — particularly California — from imposing their own truth-in-labeling or recycling laws. The bill, called the Packaging and Claims Knowledge Act, calls for a national standard for environmental claims on packaging that companies would voluntarily adhere to.
“California’s policies have slowed American commerce for long enough,” Rep. Randy Weber (R-Texas) said in a post on the social media platform X announcing the bill. “No more.”
The legislation was written with American consumers in mind, Weber said in a press release. His goal is to reduce a patchwork of state recycling and composting laws that only confuse people, he said, and make it difficult for them to know which products are recyclable, compostable or destined for the landfill.
But it’s clear that California laws — such as Senate Bill 343, which requires packaging to meet certain recycling steps in order to carry the pursuit arrows recycling label — are ones he and the industry have in mind.
“Packaging and labeling standards in the United States are increasingly influenced by state-level regulations, particularly those adopted in California,” Weber said in a statement. “Because of the size of the California market, standards set by the state can have national implications for manufacturers, supply chains and consumers, even when companies operate primarily outside of California.”
This is a departure from Weber’s usual stance on states’ rights, which he has supported in the past on issues such as marriage laws, abortion, border security and voting.
“We have to remember that the 13 colonies and the 13 states created the federal government,” he said on Fox News in 2024, in an interview about the border. “The federal government did not create the States. (…) All rights belong respectively to the inhabitants of the State, to the States and to the people.”
During the 2023-2024 campaign cycle, the oil and gas industry was Weber’s largest contributor, with more than $130,000 coming from companies including Philips 66, the American Chemistry Council, Koch Inc. and Valero, according to OpenSecrets.org.
Weber did not respond to a request for comment. The bill was referred to the House Energy and Commerce Committee.
Plastic and packaging companies and trade organizations such as Ameripen, Keurig, Dr Pepper, the Biodegradable Plastics Industry and the Plastics Industry Assn. spoke in favor of the bill.
Other companies and trade groups that make plastics banned in California, like Dart, which produces polystyrene, and plastic bag makers like Amcor, support the bill. This is also the case for some who could potentially lose their recycling label because they do not meet California requirements. These include the Carton Council, which represents companies that make milk and other beverage containers.
“Plastic packaging is essential to modern life…but businesses and consumers currently face a complex landscape of rules regarding claims for recyclable, compostable and reusable packaging,” Matt Seaholm, chief executive officer of Plastics Industry Assn., said in a statement. The bill would “establish a clear national framework under the FTC, reducing uncertainty and supporting businesses operating across state lines.”
The law, if passed, would require the Federal Trade Commission to work with third-party certifiers to determine the recyclability, compostability or reuse of a product or packaging material, and to make the designation consistent across the country.
The law applies to all types of packaging, not just plastic.
Lauren Zuber, a spokesperson for Ameripen — a packaging trade association — said in an email that the law doesn’t necessarily target California, but that the Golden State has “created problematic labeling requirements” that “threaten to restrict recycling instead of encouraging it by confusing consumers.”
Ameripen helped draft the legislation.
Waste reduction advocates say the bill is a free pass for the plastic industry to continue marketing plastic without wondering where it ends up. They say the bill would undermine consumer confidence and make it harder for them to know whether the products they deal with are truly recyclable, compostable or reusable.
“California’s truth-in-advertising laws exist for a simple reason: People should be able to trust what companies tell them,” said Nick Lapis, advocacy director for Californians Against Waste. “It’s not surprising that manufacturers of non-recyclable plastic want to relax these rules, but it’s quite surprising that some members of Congress think their constituents want to be misled.”
If the bill passes, it would “punish companies that did the right thing by investing in real solutions.”
“Ultimately, a product is not recyclable if it is not recycled, and it is not compostable if it is not composted. Deception is never in the public interest,” he said.
On Friday, California Atty. Gen. Rob Bonta announced settlements totaling $3.35 million with three major plastic bag producers for violating state law regarding the deceptive marketing of nonrecyclable bags. This agreement follows a similar agreement reached in October with five other plastic bag manufacturers.
Plastic debris and waste is a growing problem in California and around the world. Plastic bags clog waterways and injure and kill marine mammals and wildlife. Plastic breaks down into microplastics, which are found in almost all human tissues sampled, including the brain, testicles and heart. They have also been found in air, sludge, dirt, dust and drinking water.
Source | domain www.latimes.com
