Western Growers and 20 other organizations have filed a federal court challenge to California’s SB 54 packaging law, seeking to add constitutional claims to their existing lawsuit over the state’s recycling labeling requirements.
On October 8, the coalition, led by the California League of Food Producers, filed a motion for leave to amend and a proposed Second Amended Complaint in the U.S. District Court for the Southern District of California. The court must approve the motion before the SB 54 claims become part of the case.
The proposed complaint challenges provisions that prohibit businesses from separately disclosing SB 54 fees to customers and rely on the same definition of “recyclable” used in SB 343. In July, the court granted a preliminary injunction blocking enforcement of SB 343, finding that challenged recyclability provisions were likely unconstitutionally vague and its speech restrictions likely violated the First Amendment. The proposed SB 54 claims allege violations of free speech, due process and equal protection.
SB 54 requires producers to fund California’s recycling system and meet packaging and recycling targets by 2032. For fresh produce operations, changing packaging requires testing to ensure replacement materials can protect food throughout shipping and storage.
“Fresh produce packaging is an essential part of the food-safety system,” Western Growers said in its statement supporting the challenge. “It must protect against contamination, manage moisture and airflow, and keep fruits and vegetables fresh through refrigerated shipping and storage.”
Western Growers emphasized that support for reducing packaging waste must be accompanied by workable rules that protect food safety and recognize the practical limits of available alternatives.
“Reducing packaging waste should not mean creating more food waste.”
Western Growers members are encouraged to refer to Western Growers’ SB 54 Resources and Updates page for additional compliance resources and ongoing updates.