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On June 29, 2026, the Supreme Court of the United States (the Court) struck down Humphrey’s Executor v. United States, the nearly century-old precedent that restricted presidential authority to fire independent agency officers at will. The Court’s decision in Trump v. Slaughter, in which a former Commissioner of the Federal Trade Commission (FTC) challenged the president’s authority to fire her, means that cases involving Trump’s at-will firings at some other federal agencies are likely to come out in the president’s favor—including his firing of leadership at the Consumer Product Safety Commission (CPSC), among others. 

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On June 25, 2026, Lollicup USA, a manufacturer of single-use disposable products for the restaurant and food services industries, filed in federal district court a putative class action lawsuit challenging the constitutionality of Oregon’s Plastic Pollution and Recycling Modernization Act, SB 582 (the Act or RMA). Like several other state laws, the RMA establishes extended producer responsibility (EPR) requirements for packaging products sold into or in the state. This is the second lawsuit challenging the RMA’s constitutionality, joining a growing tide of litigation challenging the constitutionality of state EPR laws.

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On June 22, 2026, a coalition of 17 states led by Nebraska’s attorney general (AG) plus the National Association of Wholesaler-Distributors (NAW), filed a federal lawsuit in the Eastern District of California, challenging the constitutionality of SB 54 (or the Act), California’s extended producer responsibility (EPR) law for packaging. Defendants include the California Department of Resources Recycling and Recovery (CalRecycle), that agency’s head, and the Circular Action Alliance (CAA), the Producer Responsibility Organization (PRO) selected by California to implement SB 54. Notably, NAW filed a similar lawsuit last year against Oregon’s EPR law.

This litigation follows a more narrowly focused lawsuit filed in the San Francisco Superior Court on June 2, 2026, by the Natural Resources Defense Council (NRDC), Californians Against Waste (CAW) Foundation, and Oceana, against CalRecycle and the agency’s head.

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Producers covered under California’s Responsible Textile Recovery Act of 2024 (SB 707, RTRA, or Act) have until July 1, 2026, to register with Landbell USA, the producer responsibility organization (PRO) appointed by the California Department of Resources Recycling and Recovery (CalRecycle) to manage the extended producer responsibility (EPR) program established under the Act. On February 27, 2026, CalRecycle approved Landbell USA, part of the Landbell Group of Germany, as the PRO for managing textile producer obligations. A legal challenge of the PRO appointment has been filed, and a hearing on a motion for a preliminary injunction is set for August 7, 2026, but the July 1 registration deadline remains.

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On June 3, 2026, a federal district court in California held a hearing on a motion for a preliminary injunction in a legal challenge filed by 21 organizations contending that California’s SB 343, also known as the Truth in Recycling law, is unconstitutional. At issue in California League of Food Producers v. Bonta (Case No. 3:26-cv-01675, S.D. Cal.) is whether the exacting requirements of SB 343 on recyclable claims – including bans on the traditional “triangle of arrows” design of the plastic Resin Identification Code (RIC) – violate free speech and due process. The court did not issue a ruling from the bench, and a written opinion is expected.

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The registration deadline for businesses covered under California’s Plastic Pollution Prevention and Packaging Producer Responsibility Act (SB 54) is fast approaching. On May 1, 2026, the final regulations for the Extended Producer Responsibility (EPR) program established by the Act became effective; a copy of the final regulations has not yet been posted. Producers now have until June 1, 2026, to register with the Circular Action Alliance, the designated producer responsibility organization (PRO) for California. Companies who wish to comply individually, and small businesses seeking exemptions, must register with and apply to CalRecycle by June 1.

More resources are available at CalRecycle’s Producer Guidance website.

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On April 14, following last month’s Executive Order (EO) directing the Federal Trade Commission (FTC or Agency) to prioritize enforcement of fraudulent “Made in the U.S.A.” (MUSA) claims, the FTC announced three new MUSA enforcement actions involving four companies. Read the update here.

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Mandatory requirements for water bead toys came into force on March 12, 2026. The Federal Safety Standard for Water Beads (Final Rule) amends the Safety Standard for Toys, 16 C.F.R. Part 1250 (Toy Standard), by adding performance and labeling requirements “to eliminate or adequately reduce the risk of injury and death to children from water bead toy hazards,” including aspiration, choking, ingestion, and insertion hazards, as well as to reduce exposure to acrylamide.

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On March 17, 2026, a coalition of 18 food industry groups and trade associations brought suit in California federal court challenging the constitutionality of California’s “Truth in Labeling” law (SB 343). Plaintiffs seek a declaration that SB 343 is unconstitutional and a preliminary injunction to prevent enforcement of the law while the suit is pending. SB 343 bans the use of any statement or symbol indicating that a product or package manufactured after October 4, 2026 is recyclable unless it meets stringent recycling metrics and other criteria set out in the law, necessitating costly changes to packaging (including retooling of plastic molds that include the plastic Resin Identification Code (RIC) with the “triangle of arrows” design). The lawsuit challenges this prohibition as unconstitutional under standards for both content and commercial speech restrictions in violation of the First Amendment, a possibility we raised when SB 343 was first enacted in 2021.

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On March 13, 2026, President Trump signed an Executive Order (EO), “Ensuring Truthful Advertising of Products Claiming to be Made in America,” directing the Federal Trade Commission (FTC or Agency) to prioritize enforcement of fraudulent “Made in U.S.A.” (MUSA) claims “wherever appropriate.” The EO’s express targets are “foreign manufacturers and sellers,” who “target patriotic consumers” with false American-origin advertising, as well as “digital marketplaces” where such products are sold. Conversely, “American businesses building, growing, and manufacturing all, or virtually all, aspects of their products onshore” appear to be the intended beneficiaries as they are, according to the EO, “entitled to the undiluted branding benefits that come with supporting the American economy, and American citizens attempting to buy American products should have certainty as to what American-origin claims mean.” Its apparent objectives notwithstanding, the EO may in fact add to already mounting uncertainty around MUSA advertising, including for well-meaning U.S. companies who seek to make impactful, as well as truthful, claims about their products.

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