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Bill

S 5302

Truth in Labeling Act of 2026

119th Congress Introduced by Jeff Merkley

Establish nationwide, standardized labels and criteria for recyclable, compostable, reusable, and refillable materials to reduce confusion and curb deceptive claims.

Introduced in Senate
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WeVote Research Nonpartisan
Bill Summary · S 5302

Overview

  • Bill: S. 5302, Truth in Labeling Act of 2026
  • Purpose: Establish national, uniform standards for labeling covered materials as recyclable, compostable, reusable, and refillable; create a framework to reduce consumer confusion and deceptive labeling; and enable better alignment across industry, government, and end markets.
  • Sponsor: Senator Merkley (co-sponsor: Jeff Merkley)
  • Status: Introduced and referred to the Senate Committee on Commerce, Science, and Transportation (as of Aug 6, 2026)

Main purpose and intent

  • Create nationwide definitions and criteria for labeling covered materials (packaging, food service products, and beverage containers) as recyclable, compostable, reusable, or refillable.
  • Standardize labels to reduce consumer confusion and deceptive practices.
  • Establish a governance structure (Administrator of the EPA and FTC) to develop, publish, and update labeling standards, with an advisory committee to guide standards and labeling.

Key provisions and changes

  • Section 2 – Findings

    • Highlights consumer confusion around labeling.
    • Argues for nationwide definitions to provide clarity for producers and consumers.
    • States that improper use of the chasing arrows symbol (and equivalents) can be deceptive under the FTC Act.
    • Lays groundwork for design for recyclability/compostability to reduce waste, emissions, and virgin material use.
    • Emphasizes the benefits of clear labels for municipalities, consumers, and waste facilities.
    • References Green Guides as outdated and in need of national criteria.

  • Section 3 – Definitions

    • Defines major terms: Administrator (EPA head), Advisory Committee, Beverage Container, Chasing Arrows Symbol, Commission (FTC), Compost/Compostable, Covered Material, Food Service Product, Packaging, Plastic, Producer, Recyclable, Reusable, Refllable, Resin Identification Code, Qualified Claims (for recyclability and compostability), and more.

  • Section 4 – Covered Material Labeling

    • If a label indicates recyclability, compostability, reusability, or refillability, it must be legible, on the appropriate side, consistent with the standardized on-pack label (Section 8), and indicate the status (recyclable/compostable/reusable/refillable).
    • Labels must be compatible with the intended discard method and not require consumer removal to be effective.
    • If a material is not recyclable/compostable/reusable/refillable, it must not include misleading symbols or labels.

  • Section 5 – Recyclable Criteria

    • Prohibits recyclable claims unless criteria are met.
    • Sets criteria including alignment with industry design guidelines, absence of barriers to recycling (or clear removal instructions), collection/recovery in established programs with adequate end-market demand, and a demonstrable commercial value.
    • Introduces “Qualified Claims of Recyclability” with time-bound plans toward recycling status, and a standard process for regulatory approval (2-year horizon).

  • Section 6 – Compostable Criteria

    • Prohibits compostable claims unless criteria are met.
    • Criteria include adherence to recognized standards (e.g., ASTM), absence of certain harmful substances, acceptance by a substantial portion of U.S. composting programs, and proper processing.
    • Establishes “Qualified Claims of Compostability” with timelines and on-package label alignment.

  • Section 7 – Reusable and Refillable Criteria

    • Requires reusable/refillable claims to be supported by industry standards, durable design, multiple-use capability, and a supporting system for reuse/refill.
    • Includes regulatory guidance and annual publication of compliant materials.

  • Section 8 – Standardized Labels

    • Within 2 years, EPA Administrator and FTC to establish standardized on-package labels, including icons, terminology, and placement guidelines.
    • Allows a standardized digital label (e.g., QR code) as a supplementary resource.
    • Requires periodic review and updates at least every 5 years.

  • Section 9 – Advisory Committee

    • Establishes a multi-stakeholder advisory committee to guide standards, claims, and labeling guidelines.
    • Committee members from industry, material recovery facilities, environmental organizations, state/local governments, and other stakeholders.
    • Public meetings and comment opportunities; Administrative Procedure Act exemptions for the committee.

  • Section 10 – Reports to Congress

    • Annual reporting on implementation, technological developments, material-specific recyclability/compostability status, and consumer understanding.

  • Section 11 – Enforcement

    • Establishes a staged enforcement regime through the FTC and FTC Act:
    • Initially, a transition period after labeling standards are published.
    • Deceptive practices related to recyclability and resin codes become unlawful two years after labeling standards are in place.
    • Provisions for civil penalties, fines, and use of collected funds to support recycling and education programs.
    • Allows state enforcement and preserves state laws (no preemption beyond specified sections).

  • Section 12 – Education Campaign

    • Develops best-practice consumer education and distributes model recycling program toolkits.

  • Section 13 – Compatibility

    • Encourages collaboration with label supply chains to address compatibility challenges with recycling/composting infrastructure.

  • Section 14 – Severability

    • Ensures the remaining provisions remain in effect if any part is struck down.

Affected parties and impacts

  • Producers of covered materials (packaging, food service products, beverage containers) will be required to meet defined criteria to label materials as recyclable, compostable, reusable, or refillable.
  • Consumers gain clearer, standardized labels and guidance on disposal and recycling pathways.
  • Municipalities and material recovery facilities benefit from standardized labeling, potentially improving recycling/composting efficiency and reducing contamination.
  • Federal agencies (EPA and FTC) would administer standards, publish lists, and enforce compliance.
  • State and local governments may enforce provisions and participate in advisory processes.
  • Industry stakeholders across packaging, recycling, composting, reuse, and refill sectors.

Timelines and procedural aspects

  • National on-package labeling standards to be established within 2 years of enactment.
  • Annual and biannual publication of lists of compliant materials (initial within 18 months for certain sections; compostable criteria list within 270 days).
  • Enforcement framework becomes effective 2 years after labeling standards are established.
  • Advisory Committee formed within 180 days of enactment; ongoing meetings and public participation thereafter.
  • Regular updates to standards and potential revisions every 5 years, with public notice and comment.

Potential impact and considerations

  • Aims to reduce greenwashing and consumer confusion by creating clear, up-to-date, national standards.
  • Could impose compliance costs on manufacturers but may lower long-term costs through improved recycling efficiency and waste reduction.
  • Creates a dynamic framework that can adapt to advancing technology and recycling/composting infrastructure.
  • Establishes a centralized process for determining what constitutes recyclable/compostable/reusable/refillable, with the ability to update criteria as systems evolve.

Compiled from official sources — confirm details with the bill’s official record.

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