SB 343 Court Removes ENE Conference From Calendar While Considering Request to Add SB 54 Claims

On October 23, 2026, the Court vacated its order to hold an Early Neutral Evaluation (ENE) conference in the ongoing litigation involving a First Amendment challenge to SB 343, California’s “Truth in Recycling” law. California League of Food Producers v. Bonta (S.D. Cal.). The ENE conference, first scheduled for September 24, was postponed several times and, as we discussed here, was rescheduled for November 4, 2026. Now, the Magistrate Judge assigned to preside over the ENE conference has taken it off calendar, setting an “attorney-only status conference” for December 15, 2026 in its place. 

The order follows an October 20, 2026 joint request by the Parties in the case to continue the conference and other deadlines in light of Plaintiffs’ October 8 request (see here) for leave to file a Second Amended Complaint (SAC). The amendment adds claims that certain provisions of SB 54, California’s extended producer responsibility (EPR) law, violate the First and Fourteenth Amendments. The Court’s October 23 order notes 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.” 

In addition to vacating the ENE conference, the order sets the following new deadlines related to the proposed SAC: Defendant’s response to the motion for leave is due on November 2, 2026; Plaintiffs’ reply is due on November 9, 2026; and a hearing on the motion for leave is set for November 16, 2026. No personal appearances are allowed at the hearing, meaning no oral arguments will be heard, unless and until the Court issues a separate order setting the matter for oral argument.

Further background on the SB 343 challenge, the preliminary injunction barring enforcement of SB 343 during the pendency of the litigation, and the proposed (and now rejected) intervention by two non-profit organizations can be found here, here, and here.

We will continue to monitor this case closely and report on noteworthy developments.