🌴Holding CA Accountable on Plastic Foam🥤
😀First the good news: It’s been nearly five months since polystyrene (aka plastic foam) food service products were legally banned in California on January 1, 2025. Producers had from mid-2022 until January 1, 2025 to prove that this material met the required 25% recyclability rate outlined in California's SB 54 law. Producers of polystyrene foam food service products were not able to prove 25% recyclability and the polystyrene foam ban is now in effect statewide.
As of January 1, restaurants, cafes, and fast food establishments can no longer legally serve or package up food or beverage using polystyrene foam. In addition, larger retail stores, local supermarkets, and e-commerce sites can no longer sell any polystyrene food service products to California residents and businesses.
This ban applies to ALL polystyrene foam food service products; e.g., cups, plates, bowls, clamshells, trays, and containers. ❌ There is no further grace period to "use up" existing stock. Producers of the material and businesses using and selling it in California have had 2.5 years to comply...time's up!
Polystyrene foam is one of the worst forms of plastic pollution affecting our country and, despite deceptive claims, polystyrene is not recyclable.The lightweight, plastic material quickly breaks up into tiny microplastic pieces and is easily picked up by the wind, making its way into our environment. In the ocean, polystyrene is mistaken for food and is often ingested by marine animals. Polystyrene’s major ingredient is styrene, a probable human carcinogen, and the chemical can lead to vision and neurological problems. The toxic chemicals in polystyrene are especially concerning since they can easily leach into food and beverages. See the resources section below for more information on the health impacts of polystyrene foam.
Foam packaging like this clamshell for hot food is now banned in the state of California.
California’s Department of Resources, Recycling and Recovery, CalRecycle, has the authority and legal obligation to communicate, implement, and enforce the polystyrene foam ban. In addition, CalRecycle has the authority to fine companies who sell or distribute these products up to $50,000 a day, per incident, for non-compliance.💰
😟Now for the bad news:
Unfortunately, the agency and the governor have been very quiet with the exception of a very brief email bulletin sent by CalRecycle on April 4 which stated the material failed to meet the 25% recycling rate and is prohibited to be sold, distributed or imported into the state. It’s almost like the ban is a secret… 🤫
“We met with the director of California’s waste and recycling agency, CalRecycle, in early April and shared our concerns, yet a more detailed communication and enforcement plan from CalRecycle has still not materialized. It’s deeply disappointing to see ongoing violations of toxic foam being sold by the caseload, all contributing to plastic pollution in the environment and endangering the health and safety of all Californians.”
The result is that polystyrene foam products are still being sold and used throughout California and can be found on the shelves at retailers, as well as in restaurants, cafes, and fast-food establishments throughout the state. In addition, these products can still be purchased and shipped to California via e-commerce sites, including Amazon.
We urge the Governor to direct CalRecycle to enforce this critical ban and require that producers STOP flooding the state of California with toxic, polluting foam.
See below for how you can help jumpstart enforcement and we’ll let you know if there are more ways you can help convince California to both educate people and businesses about its own law and enforce it.
WHAT YOU CAN DO TO HELP
Be our eyes and ears! If you are in CA and see polystyrene foam food service products being sold or used by businesses, local governments, state properties (including state colleges/universities) or e-commerce sites, please report these violations.
Just click here to fill out our short form (or go to: https://bit.ly/report-foam) and include photos of the banned material and the date you spotted them. ✍🏾We will compile and share with CalRecycle. 📝
RESOURCES
Get the facts! View or download the following fact sheets:
The Problems with Polystyrene Foam | Beyond Plastics | May 2025
Plastic Foam Needs ‘To Go’: How Takeout Containers - and Other Types of Plastic Foam - Hurt Our Oceans and Our Health | Oceana | April 2025
California’s Polystyrene Foam Ban: In Effect Since January 1, 2025 | Beyond Plastics | May 2025
Interested in getting a polystyrene foam ban introduced in your community? Use our Beyond Plastics Model Bill and campaign toolkit, find a sponsor in your local government and work with them to make the bill fit your community’s needs.