California Governor Vetoes Labeling Bill, Cites Hardships To Producers In The State

On September 27, 2026, California Governor Gavin Newsom vetoed AB 2253, the Protecting Consumers Against Greenwashing Claims bill. This bill would strengthen California’s existing rules that seek to prohibit greenwashing through additional labeling requirements and would extend to products that do not currently fall under other state greenwashing protection laws. Any product making a claim about recycled content would be required to comply with the requirements of the bill.

Governor Newsom, in vetoing the bill, explained that the substance of the bill, and its timing given tariffs and regulatory uncertainty surrounding many plastic products, could unduly burden manufacturers. While Governor Newsom agreed with the overarching goal of consumer protection and accuracy in labeling, adding this additional complexity to the product stewardship landscape did not seem feasible.

What is “Greenwashing?”

Greenwashing is an umbrella term for deceptive marketing practices that aim to make a product appear more sustainable, eco-friendly, or “green” than the product is in reality. When the product or the company advertising the product is not as sustainable as marketing would lead consumers to believe, these claims can influence consumers to purchase products based on inaccurate or incomplete assertions. Greenwashing can result in consumers choosing these products over similar products out of a desire to make environmentally conscious choices. Efforts to reduce greenwashing seek to ensure that claims about recyclability, eco-friendliness, and sustainability are accurate, data-driven, and true. Laws that target greenwashing and promote consumer protection can, however, create confusion or increase compliance burdens on companies that do not engage in greenwashing practices.

California’s Complex Regulatory Landscape

California currently imposes some of the strictest domestic requirements on products with labels containing language related to recyclability, in addition to other programs that regulate a variety of products and packaging. California’s SB 343, the Truth in Recycling law, passed in 2021, restricts which types of products and packaging can include label language about recyclability in an attempt to address greenwashing concerns. Under the law, product material types can be labeled recyclable if the product can be recycled through collection and recycling programs that are accessible to at least 60 percent of California residents. This means products and material types under the scope of the law that are technically recyclable cannot include recyclability language on the labels if less than 60 percent of California’s population can recycle that material type. These restrictions were set to take effect starting October 4, 2026. As reported in our July 17, 2026, blog item, a preliminary injunction as part of a legal challenge against SB 343, however, has enjoined the state from enforcing the law until the case is decided.

California’s extended producer responsibility (EPR) program for packaging places obligations onto producers of plastic products and packaging selling or distributing products within the state, and contains a requirement that all packaging under the scope of the program be recyclable or compostable by 2032. As previously reported in our June 22, 2026, blog item, a legal challenge to this program was filed in court on June 2, 2026. Bergeson & Campbell, P.C. (B&C^®) will report updates as the legal challenge progresses.

For additional information about product labeling, EPR, and related issues, visit B&C’s EPR Practice web page and review our Product Stewardship Blog™.