PFAS Content Prohibits Recyclability Claims Under New California Law

King & Spalding

On October 5, 2021, Governor Newsom also signed into law SB 343, a new law concerning advertising about and making other claims of recyclability and environmental benefit. Under this new law, a product cannot be claimed or marketed as recyclable if it contains any intentionally added PFAS, defined as intentional addition of PFAS for a functional or technical effect or the presence of PFAS at 100 ppm or more total organic fluorine. The law contains additional restrictions on use of the “chasing arrows” recycling symbol.

DISCLAIMER: Because of the generality of this update, the information provided herein may not be applicable in all situations and should not be acted upon without specific legal advice based on particular situations.

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