Law Limiting Use of ‘Recyclable’ Claim Challenged

A California law that limits companies’ claims about “biodegradable” or “recyclable” goods was challenged in court on Wednesday by advertising and industry groups. They said the law was vague and would censor truthful speech.

The U.S. District Court suit complained that the standards of the 1990 law were too narrow--”recyclable,” for example, can be used only for articles that can be conveniently recycled in every California county with a population over 300,000.

A company could be prosecuted criminally for using the word to describe a product that does not fit that definition, the suit said.

The effect of the law is “to deter if not totally prevent communication of truthful, non-deceptive and specific information about the environmental characteristics of consumer products,” the suit said.

It was filed by national advertising associations, food and detergent makers, paper and plastic trade associations and the state and national Chambers of Commerce.

They are represented by legal heavyweights: John Keker, former prosecutor of Oliver North, and prominent First Amendment lawyer Floyd Abrams.