California just gave plastic producers until 2032 to make all their packaging recyclable or compostable — the most ambitious deadline in the country. Advocates say it doesn’t go far enough. Producers say it goes too far. At least one of them is threatening to sue.
The sweeping regulations, finalized at the start of the month, put producers in a bind that has no obvious solution. Plastic clamshell containers, for instance, protect berries from being crushed and keep them fresher, longer until they reach a refrigerator. Plastic producers say there’s simply no substitute — yet under the new rules, they’ll have to find one.
Last week, two environmental groups — the Natural Resources Defense Council and Californians Against Waste — said they plan to take California to court. Their argument: the state’s rules actually break the law by allowing recycling methods that create a lot of toxic waste, and by letting some plastics slip through the rules entirely. On the other side, plastic manufacturers say the rules go too far and will make products more expensive for shoppers.
Sen. Ben Allen, a Democrat from coastal Los Angeles County who authored the plastic waste law, said the program still “massively moves the needle on this really major problem” — even if the process was messy. “This was the product of a compromise, and it was not perfect, and everybody walked away from the table, you know, unhappy about various aspects,” Allen said.
“California is the United States, but 30 years in the future,” said Joe Árvai, director of the University of Southern California’s Wrigley Institute for Environmental Studies. “What’s happening now is emblematic of trends that we are seeing worldwide … and the U.S. needs to adapt in the way that those countries are adapting in order to remain globally competitive.”
Less plastic, more recycling
For decades, the burden of reducing, reusing and recycling plastic waste has fallen on consumers. Once a consumer buys a product, they decide what happens to it — whether it ends up in the garbage can or the recycling blue bin — and their tax dollars fund recycling systems we have today.
In 2022, California’s landmark Senate Bill 54, the Plastic Pollution Prevention and Packaging Producer Responsibility Act, shifted that responsibility to businesses. The regulations outline what materials are covered by the law and who counts as a “producer” of plastic waste.
The new regulations are a huge milestone, said Anja Brandon, director of U.S. plastics policy for the Ocean Conservancy. “There’s plenty more steps on this journey, but I’m just really excited that we are going to start making real progress,” she said.
The law applies to plastic food service ware and almost all single-use packaging — from the plastic wrap around large pallets of products shipped to retailers to a tube of toothpaste and the cardboard box around it.
To carry out the law, the Department of Resources Recycling and Recovery appointed the Circular Action Alliance, a nonprofit that helps states carry out extended producer responsibility mandates, as the organizing body for producers. The alliance is responsible for coming up with a plan to meet the law’s goals.
Producers — defined as companies that make more than $1 million in sales and produce products packaged in plastic or own brands under which those products are sold — must join the organization and pay fees to fund waste management. They can meet the law’s requirements by using less plastic, finding alternative materials, or investing in recycling infrastructure.
“The biggest challenge is the scale and coordination required to modernize a complex recycling system across a state as large and diverse as California,” said Sheila Estaniel, a spokesperson for the Circular Action Alliance, in an email.
California’s requirement that businesses reduce single-use plastic altogether makes it one of the strongest plastic waste laws in the country. It also goes further than other similar laws because it requires plastic producers to pay $5 billion over a decade to address the environmental damage their products have caused to communities — though the state doesn’t expect to start distributing those funds until 2027 at the earliest.
Watered down rules
The plastic waste rules have had a rocky road to implementation.
In 2024, CalRecycle developed a first draft of regulations detailing what plastic the law covers and what producers must do. The draft expired before CalRecycle finalized it. In 2025, Gov. Gavin Newsom directed regulators to rewrite the rules — a move that some advocates say say food and agriculture lobbyists pushed for.
The result was a second draft that carved out a broad exclusion for plastics used for food and agriculture purposes, covering products under the jurisdiction of the FDA and USDA, such as packaging for fresh produce and supplements. Advocates said the exclusion gutted the law.
