Truth in Labeling Act of 2026
Sponsored By: Senator Merkley, Jeff [D-OR]
Introduced
Summary
Would create a nationwide standardized federal labeling system for recyclable, compostable, reusable, and refillable materials. It pairs clear on-package labels and definitions with infrastructure mapping and FTC-backed enforcement to reduce consumer confusion and align markets.
Show full summary
- Helps shoppers know how to dispose of items with standardized icons and wording. Label standards would be developed within 2 years and reviewed at least every 5 years.
- Requires producers to meet national criteria before making recyclability, compostability, reuse, or refill claims. Qualified claims need an Administrator-approved, time‑bound plan to reach compliance within 2 years and noncompliance can trigger FTC enforcement and fines.
- Directs nationwide mapping and publication of which materials meet standards and sets end-market thresholds. To qualify as recyclable generally a material must meet end-market availability for at least 60% of consumers, and to qualify as compostable it must be accepted by at least 50% of U.S. composting programs.
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Bill Overview
Analyzed Economic Effects
6 provisions identified: 3 benefits, 0 costs, 3 mixed.
New on-package labels and resin rules
If enacted, the bill would require clear standardized on-package labels when a product is labeled recyclable, compostable, reusable, or refillable. All plastic covered materials sold or imported into the U.S. would need a resin identification code. A resin code could not be placed inside the chasing arrows symbol unless the plastic meets the Act's recyclability criteria. The FTC would have rulemaking authority and the Act would take priority over conflicting FTC Green Guides.
Rules and lists for recyclable materials
If enacted, a material would be "recyclable" only if a responsible end market covers at least 60% of consumers where it is sold. A "qualified recyclability" claim could be used at 40% coverage only with an EPA‑approved, time‑bound plan that reaches 60% within two years. The EPA must publish a list of qualifying materials not later than 18 months after enactment and update it every two years. Conversion to fuel or energy recovery would not count as recycling.
Federal label definitions and advisory group
If enacted, the bill would create official definitions for terms like "compostable", "packaging", and the "chasing arrows" symbol. The EPA and the FTC would set up a joint Advisory Committee within 180 days to advise on criteria and labels. The committee would meet publicly and help design standardized label rules. These definitions and the committee advice would guide later labeling decisions.
Model recycling toolkit and education
If enacted, the EPA would create a Model Recycling Program Toolkit and consumer materials to explain the new labels. The toolkit must be based on the nationwide analysis and go to States, local governments, and Indian Tribes. Materials would tell the preferred way to recover each item labeled recyclable or compostable.
Deceptive label ban, fines, and enforcement
If enacted, the bill would make it a deceptive practice under the FTC Act to label items recyclable, compostable, reusable, or refillable unless they meet the Act's criteria. Enforcement would begin two years after standardized on-package labels are approved. The FTC must give notice and a 180‑day cure period before civil fines apply. Fines would be assessed per violation per day and would fund specified EPA recycling grants and education programs without more appropriations.
Producer evidence and label coordination
If enacted, producers could submit technical studies, tests, and market reports to the EPA and FTC to support label decisions. The EPA would also encourage producers and label suppliers to work with recyclers, composters, and reuse services on label compatibility. This gives producers a formal path to influence classifications and reduce label-related recycling problems.
Sponsors & CoSponsors
Sponsor
Merkley, Jeff [D-OR]
OR • D
Cosponsors
There are no cosponsors for this bill.
Roll Call Votes
No roll call votes available for this bill.
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