Truth in Labeling Act of 2026

This bill creates national standards for labeling packaging, food service products, and beverage containers as recyclable, compostable, reusable, or refillable. It sets criteria for when such claims can be made, requires standardized on-package labels, and makes violations a deceptive practice under the Federal Trade Commission Act.

Sec. 3, Definitions: Defines key terms including Administrator (EPA Administrator), Advisory Committee, beverage container (50 mL to 3 L), chasing arrows symbol (the three-arrow triangle and variants), Commission (FTC), compost, compostable, covered material (packaging, food service products, beverage containers), and food service product.

Sec. 4, Covered material labeling: If a producer voluntarily labels a covered material as recyclable, compostable, reusable, or refillable, the label must be legible, consistent with the standardized label, indicate the correct category, and be compatible with the intended discard method. If the material does not qualify, no such label or chasing arrows symbol may be used. Plastic covered materials must have a resin identification code, but the code cannot be inside a chasing arrows symbol unless the material is recyclable and placement is physically infeasible.

Sec. 5, Recyclable criteria: A covered material is recyclable if it meets industry design guidelines, has no non-recyclable components (or clear removal instructions), is collected by a recycling program covering at least 60% of consumers where sold, and has commercial value and a responsible end market. A qualified claim of recyclability is allowed if the program covers at least 40% of consumers and the other criteria are met.

Sec. 6, Compostable criteria: A covered material is compostable if it meets industry design standards, passes ASTM or equivalent tests, contains no intentionally added PFAS or heavy metals, is accepted by at least 50% of U.S. composting programs, and breaks down into compost. A qualified claim of compostability is allowed if accepted by at least 30% of programs and other criteria are met.

Sec. 7, Reusable and refillable criteria: A covered material is reusable or refillable if it meets industry design standards, is durable, can be recirculated or refilled multiple times, is supported by a convenient reuse/refill system, and is not intended for single use. The Administrator must publish a list of qualifying materials within 270 days and every 2 years thereafter.

Sec. 8, Development of standardized labels: Within 2 years, the Administrator and FTC must establish or approve standardized on-package labels for recyclable, compostable, reusable, and refillable claims, including iconography, terminology, and placement guidelines. They may also create a digital label (e.g., QR code). Labels must be reviewed and revised at least every 5 years.

Sec. 9, Advisory committee: Within 180 days, the Administrator and FTC must establish an advisory committee with representatives from industry, material recovery facilities, environmental organizations, nonprofits, technical experts, and state and local governments to advise on criteria and labeling standards.

Sec. 10, Reports to Congress: Annually, the Administrator and FTC must report to Congress on implementation, obstacles, technology changes, lists of qualifying and non-qualifying materials, and consumer understanding of terms and symbols.

Sec. 11, Enforcement: Two years after standardized labels are established, it becomes a deceptive practice under the FTC Act to sell or distribute covered materials not in compliance. Specific prohibitions apply to misuse of the chasing arrows symbol and resin identification codes, with exceptions for materials manufactured before certain dates.

Sec. 12, Education campaign: The Administrator must develop best practices for consumer education on the new labels and provide them to states, local governments, and Indian Tribes through the Model Recycling Program Toolkit, including materials on preferred recovery methods.

Sec. 13, Compatibility: The Administrator shall encourage producers to work with recycling, composting, reuse, and refill industries to address label compatibility challenges.

Sec. 14, Severability: If any provision is held unconstitutional, the rest of the Act remains in effect.