JEFFREY HUNTER

The U.S. District Court for the Southern District of California recently issued a preliminary injunction preventing California from enforcing Senate Bill 343 (SB 343), commonly known as the “Truth in Recycling” law. SB 343 had been scheduled to take effect on October 4, 2026. The law restricts the use of the “chasing arrows” symbol and certain other recyclability claims on packaging unless the packaging satisfied California-specific recycling criteria.

KD Kelley Drye & Warren LLP More Kelley Drye & Warren LLP is an AmLaw 200, Chambers ranked, full-service law firm of more than 350 attorneys and other professionals. For more than 180 years, Kelley Drye has provided legal counsel carefully connected to our client’s business strategies and has measured success by the real value we create.

Executive Summary On June 25th, the U.S. Department of Agriculture (USDA) published a notice of proposed rulemaking (Proposed Rule) that would significantly revise its implementation of the Agricultural Foreign Investment Disclosure Act of 1978 (AFIDA). The Proposed Rule would repurpose AFIDA for national security enforcement by multiplying penalty amounts, expanding the industries covered, eliminating exemptions, and add significant time and costs to all filers. Comments are due August 10, 2026.