Further Delay in SB 343 Legal Challenge

On September 23, 2026, the Court again postponed the previously scheduled Early Neutral Evaluation (ENE) conference and related deadlines in the ongoing litigation involving a First Amendment challenge to SB 343, California’s “Truth in Recycling” law. The ENE conference is now scheduled for November 4, 2026.

As we discussed here and here, in California League of Food Producers v. Bonta (S.D. Cal.), a group of 21 food industry associations (Plaintiffs) challenged the constitutionality of SB 343. On July 14, the Court granted Plaintiffs’ request for a preliminary injunction, barring enforcement of SB 343 during the pendency of the lawsuit. As we noted here, following the issuance of the injunction, two non-profit organizations, Earth Island Institute (EII) and Californians Against Waste (CAW), sought to intervene in the case in defense of SB 343. After the filing of the intervention motion, which Plaintiffs opposed, the Court set an ENE conference for September 24, 2026.

In a joint motion submitted in August, Plaintiffs and Defendant (the Parties) asked the Court to vacate the ENE conference and related deadlines, and reset those dates until after the Court issues a decision on the pending motion to intervene. On August 25, the Court denied the Parties’ request, but granted a month-long continuance and rescheduled the ENE conference for October 28. On September 22, the Parties once again asked the Court to reschedule the ENE conference, and the Court granted that request. Confidential ENE statements are due to the Court by October 26 to allow time to review before the November 4 conference.

Separately, as the motion to intervene is now fully briefed, a decision is expected in the coming weeks.

We will continue to monitor the case closely and report on any developments.