California’s Polystyrene Foam Ban Is Not Being Enforced, Say Environmental Advocates
Over 90 Organizations Demand Action in Letter to Governor Newsom
For Immediate Release: June 3, 2025
Contacts:
Susan Keefe, Beyond Plastics — susankeefe@bennington.edu, (510) 282-5964
Melissa Valliant, Beyond Plastics — melissavalliant@bennington.edu, (410) 829-0726
SACRAMENTO, Calif. — More than 90 organizations — including Beyond Plastics, Plastic Pollution Coalition, Californians Against Waste, Surfrider, and California Nurses for Environmental Health and Justice — have sent a letter to California Governor Gavin Newsom calling for him to enforce the statewide ban on polystyrene foam food service products that went into effect on January 1, 2025. Despite the ban being in place for five months, these items remain widely available in stores and online.
Senate Bill 54, which was adopted in 2022, prohibits the sale of polystyrene foam products like cups, plates, bowls, clamshells, trays, and containers unless producers can demonstrate a 25% recycling rate — a benchmark not met, as national recycling rates for polystyrene hover around 1%. However, enforcement from the state’s waste agency, CalRecycle, has been virtually non-existent, leading to continued sales of banned products.
As of the end of 2024, 12 states and over 250 counties and cities had passed policies to curb single-use plastic foam — Oceana’s recent report shows that these policies are working.
“Without enforcement, California’s ban is more fiction than fact. This raises the question of why the Newsom administration has decided not to enforce this vital environmental law,” said Susan Keefe, Beyond Plastics’ Southern California director. “It’s deeply disappointing to see ongoing violations of polystyrene foam being sold by the caseload to retailers as well as online businesses still delivering these banned products to California. As a result, foam continues to be purchased by consumers and used in food service establishments throughout the state. All of this toxic plastic waste contributes to pollution in our environment and endangers the health and safety of Californians.”
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. Yet 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.
Polystyrene foam is a prevalent form of plastic pollution, and despite deceptive claims, it 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 chemical that the World Health Organization has designated a probable human carcinogen and has been linked with vision and neurological problems. The toxic chemicals in polystyrene are especially concerning since they can easily leach into food and beverages. For more information on the health issues of polystyrene foam, please see the Beyond Plastics’ polystyrene foam fact sheet, as well as Oceana’s April 2025 report.
"When Governor Newsom was mayor of San Francisco and took the lead on banning polystyrene foam from the city in 2007, ahead of many other municipalities in the U.S., advocates applauded his efforts. But five months into a statewide ban in California on polystyrene foam that went into effect on January 1, 2025, we are not seeing the same level of commitment from Governor Newsom in implementing the ban. Polystyrene foam pollutes our bodies and the environment, and we call on Governor Newsom to enforce the statewide ban on this hazardous and polluting material, using his authority to require CalRecycle to uphold the law." —Jackie Nuñez, advocacy and engagement manager, Plastic Pollution Coalition, and founder of The Last Plastic Straw
"Polystyrene foam is toxic for all living things and the environment, from production and manufacturing to use and disposal. Polystyrene foam readily breaks up into microplastics, and is not designed to be recycled. While California has banned polystyrene foam on paper, the commitment to enforcing the law falls short: Currently, polystyrene foam food service products are still being illegally sold and used by California businesses and are still being purchased and shipped to California via e-commerce sites, including Amazon. We demand that Governor Newsom and California's leaders take charge to make sure the polystyrene ban is properly implemented for it to be effective and to stop poisoning people." —Dianna Cohen, co-founder and CEO of Plastic Pollution Coalition
About Beyond Plastics
Launched in 2019, Beyond Plastics pairs the wisdom and experience of environmental policy experts with the energy and creativity of grassroots advocates to build a vibrant and effective movement to end plastic pollution. Using deep policy and advocacy expertise, Beyond Plastics is building a well-informed, effective movement seeking to achieve the institutional, economic, and societal changes needed to save our planet and ourselves, from the negative health, climate, and environmental impacts for the production, usage, and disposal of plastics.
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