Attorney General Bonta Does Not Oppose Adding SB 54 Claims to SB 343 Challenge

On November 2, 2026, the California Attorney General told the Court presiding over the legal challenge to SB 343, California’s “Truth in Recycling” law, that he does not oppose Plaintiffs’ request to amend their complaint to also challenge certain provisions of SB 54, California’s extended producer responsibility (EPR) law, on First and Fourteenth Amendments grounds.

As we discussed here, on October 8, Plaintiffs in California League of Food Producers v. Bonta (S.D. Cal.) filed a Motion for Leave to File Second Amended Complaint (SAC) (Motion for Leave). On October 23, the Court vacated a previously scheduled Early Neutral Evaluation conference, and set several briefing deadlines related to Plaintiffs’ request, noting that the “proposed SAC names two additional defendants and adds ten causes of action challenging provisions of [SB 54], a statute not challenged in Plaintiffs’ initial Complaint or First Amended Complaint.” On November 2 (the due date for Defendant’s response to the Motion for Leave), instead of opposing the filing of the SAC, the Attorney General filed a Notice of Non-Opposition to the Motion for Leave. The Notice expressly reserves Defendant’s right to seek dismissal of the SAC at a later time.

A hearing on the Motion for Leave is set for November 16, 2026, and a ruling is expected shortly thereafter. Although the Court must still weigh several factors in deciding whether to allow the SAC, a statement of non-opposition from the Defendant will be an important factor. We will continue to monitor this case closely and report on noteworthy developments.