U.S. Lawmakers Unveil Truth in Labeling Act to Standardize Environmental Marketing Claims
Congressman Lou Correa and Senator Jeff Merkley introduced the Truth in Labeling Act, which would create voluntary federal labeling guidelines for consumer products claiming recyclability, compostability, reusability, or refillability. The bill responds to widespread confusion over the chasing arrows symbol and outdated federal guidance, and is backed by major recycling and waste diversion organizations.
Democratic lawmakers in the U.S. Congress have introduced the Truth in Labeling Act, a legislative proposal designed to establish clear federal guidelines for labeling consumer products that are recyclable, compostable, reusable, or refillable. The bill, unveiled in a press release on Friday, aims to create a voluntary label that manufacturers could apply to packaging, food service products, and beverage containers.
Legislative Intent and Support
Congressman Lou Correa (D-Calif.) and Senator Jeff Merkley (D-Ore.) stated that the legislation responds to "increasing confusion about the 'chasing arrows' on consumer products and outdated federal guidance on environmental marketing claims." They argue that clear, consistent labels would benefit both materials recovery facilities (MRFs) and consumers.
The bill has garnered support from numerous materials and waste diversion organizations, including the US Composting Council, the Paper Recycling Coalition, the Recycled Materials Association, and The Recycling Partnership. It is also backed by California-based hauler Recology, as well as nonprofits Upstream, Just Zero, and the Ocean Conservancy.
Context: State-Level Efforts and Industry Challenges
Correa's home state of California previously sought to regulate the use of chasing arrows on packaging through the passage of SB 343 in 2021. However, ahead of the law taking effect in October, a judge issued a preliminary injunction blocking enforcement, finding merit in an industry challenge based on free speech grounds.
Business frustration with California's state-level approach has fueled discussions about potential nationwide solutions. In response, Rep. Randy Weber (R-Texas) introduced the Pack Act late last year. That bill seeks to amend the Federal Trade Commission Act to include specific requirements for recyclable, compostable, and reusable claims on consumer product packaging. The Pack Act, led by Ameripen and supported by the Flexible Packaging Association, the Plastics Industry Association, and other packaging groups, would preempt state regulations. Although the Pack Act has not advanced, it was recently discussed in a committee hearing.
Key Provisions of the Truth in Labeling Act
The Truth in Labeling Act proposes to establish definitions for "recyclable," "compostable," "reusable," and "refillable" that could be updated as technology and systems evolve. To develop a more standardized nationwide label, the bill calls for creating an advisory committee and conducting a nationwide analysis of covered materials. Importantly, the legislation would not preempt state laws.
The bill references specific industry standards for determining a material's recyclability, including the Association of Plastic Recyclers Design Guide, the American Forest and Paper Association Design Guidance for Recyclability, and The Recycling Partnership's Circular Packaging Assessment, among others.
Additional criteria include avoiding inks or adhesives that hinder recyclability, ensuring responsible end markets that cover at least 60% of consumers or communities where an item is sold, and confirming that covered materials have commercial value in those end markets.
Any fines collected due to violations could be directed toward the previously established Solid Waste Infrastructure for Recycling grants or the Consumer Recycling Education and Outreach Grant Program.