Compliance & Policy

Coalition That Fought California Labeling Law Now Targets SB 54

The coalition that challenged California's Truth in Labeling Law now alleges SB 54 is unconstitutional and would raise food costs, unsettling the state's packaging EPR regime.

Group challenging California’s ‘Truth in Labeling Law’ takes aim at SB 54
Group challenging California’s ‘Truth in Labeling Law’ takes aim at SB 54AI-generated

Waypoints

  1. A coalition of farmers, grocers, food packaging and supply chain companies is challenging SB 54

  2. The coalition previously challenged California's Truth in Labeling Law

  3. The group alleges key aspects of the packaging EPR law are unconstitutional

  4. The coalition argues the law could drive up food costs for Californians

The coalition of organizations that challenged California's so-called Truth in Labeling Law has now taken aim at SB 54, the state's packaging extended producer responsibility statute. The group alleges that key aspects of the EPR law violate the constitution and could drive up food costs for Californians.

The challenge comes from an alliance representing farmers, grocers, food packaging companies and supply chain firms. This is not a single-industry complaint. It is a coordinated legal front drawn from across the food supply chain, and it has chosen the state's flagship packaging law as its next target after its earlier fight over labeling rules.

What does the coalition actually allege?

The core claim is constitutional. According to the coalition, central provisions of SB 54 exceed what the state may lawfully require of the businesses covered by the law.

The second claim is economic. The group argues that compliance with the EPR framework would raise costs along the food supply chain, and that those costs would ultimately land on California shoppers in the form of higher food prices.

Taken together, the two arguments form a familiar litigation strategy: establish that the law is defective on legal grounds, and demonstrate harm to consumers if the court declines to act. The takeaway is simple — this is a constitutional challenge dressed in grocery-bill clothing.

Why does this matter for the material stream?

SB 54 governs packaging in California, and packaging is the material stream at issue here. Producers subject to the law face obligations tied to the packaging they place on the market in the state.

A successful constitutional challenge would not merely trim the law at the edges. It would unsettle the compliance architecture that producers, producers' organizations and recyclers have been building around the statute. The recycling sector has treated California's EPR regime as a demand signal for recycled packaging feedstock; a court ruling against the law would weaken that signal.

In plain words: the case tests whether the state can keep its most consequential packaging mandate on the books.

Who is behind the challenge?

The coalition spans the food supply chain rather than a single corporate complainant. Its members include:

  • Organizations representing farmers
  • Groups representing grocers
  • Food packaging companies
  • Supply chain companies

That breadth matters procedurally. A coalition with members across production, retail, packaging and logistics can claim diffuse, economy-wide injury — the type of argument courts weigh when deciding whether a challenge deserves a full hearing rather than dismissal at the threshold.

The coalition is not a newcomer to this fight. It previously challenged California's Truth in Labeling Law, and its decision to extend the campaign to SB 54 signals that it views the labeling dispute and the EPR statute as part of one broader contest over state authority over packaging and food commerce.

The takeaway: the same parties, the same legal theory, a larger statute.

How credible is the food-cost argument?

The coalition asserts that the EPR law could drive up food costs for Californians. Cost pass-through under EPR schemes is a genuine and much-debated question in every jurisdiction that has adopted producer responsibility for packaging.

Compliance spending — eco-modulated fees, reporting systems, material substitution — has to be financed somewhere. Producers generally argue it reaches shelf prices. Program advocates generally argue the effects are modest and offset by system efficiencies. Courts, for their part, do not settle economic debates; they settle legal ones.

The food-cost claim is therefore best read as the political and public-facing layer of the case, while the constitutional allegations carry the legal load.

In plain words: the grocery argument is the headline, but the constitution is the case.

What happens next?

The dispute now moves into the legal process, where the coalition's constitutional claims will be tested against the text of SB 54 and the state's authority to impose producer responsibility obligations. California will defend the statute.

Two things decide what follows. The first is whether the court accepts that the coalition's members have standing to challenge the law. The second is how the court reads the specific provisions the coalition has identified as unconstitutional.

The verdict will determine whether California's packaging EPR framework proceeds as enacted or returns to the legislature for repair.

via Recycling Today (Source)

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Olivia Hart

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Staff writer covering regulation, policy and their impact on Circular economy and the environmental industry at Circular Wire.

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