Sacramento — California Attorney General Rob Bonta has issued an enforcement advisory to manufacturers and distributors of expanded polystyrene (EPS) food service ware, warning that the state will take action against companies that continue selling the foam products in violation of a ban that took effect on Jan. 1, 2025.
The ban, enacted under Senate Bill 54 (SB 54), prohibits producers from selling, offering for sale, distributing, or importing EPS food service items—including single-use cups, plates, clamshell containers, bowls, and trays—after the industry failed to meet a mandated 25% recycling rate by the start of 2025. EPS, commonly known as Styrofoam, breaks apart easily and is considered a major contributor to plastic pollution.
State Says EPS Still Being Sold Despite Multiple Warnings
CalRecycle determined in January that the recycling threshold had not been met and notified producers that EPS food ware was now banned in California. The agency followed with additional reminders on April 4 and Aug. 6 and created an online portal for reporting violations. Despite this, state officials say EPS products remain on store shelves.
In the letter sent this week, Acting Senior Assistant Attorney General Deborah M. Smith warned companies they may face steep penalties—up to $50,000 per day per violation—for continued noncompliance. Additional civil penalties of up to $2,500 per violation may also be imposed under California’s Unfair Competition Law.
“You have been identified as an entity that may be affected by the above restrictions,” Smith wrote, urging producers to immediately review their compliance obligations.
Bonta: Companies Will Be Held Accountable
Attorney General Bonta underscored that the ban is a key part of California’s efforts to curb plastic waste.
“Banning EPS food service ware is a critical step in protecting our environment,” Bonta said. “This letter is a reminder … to comply with this law, or we will hold them accountable.”
State Sen. Ben Allen (D-Santa Monica), who authored SB 54, said the ban delivers on the law’s promise to shift California toward a circular economy. “If your product cannot meet the required recycling rate, it cannot be sold in this state because of the harm it’s posing to our environment and public health,” he said.
Background: SB 54 and California’s Recycling Mandates
SB 54, passed in 2022, established an Extended Producer Responsibility program intended to drastically reduce single-use plastic waste. The law requires producers to ensure that 65% of single-use plastic packaging and food service ware is recyclable or compostable by 2032, with the initial 25% EPS recycling benchmark set for 2025.
EPS producers failed the first test. CalRecycle subsequently rescinded more than $4 million in 2025 awards to noncompliant entities and reaffirmed that no EPS food service ware may legally be sold in the state.
California is one of a growing number of jurisdictions restricting EPS; at least 11 other states and Washington D.C. have enacted similar bans.
Enforcement Measures Expected
If violations continue, Bonta’s office may pursue injunctions and civil penalties in court.
Producers and distributors are encouraged to consult CalRecycle’s guidance and confirm that all EPS food service products have been removed from sale in California.
“Reducing production and consumption of EPS is an achievable step in combating plastic pollution,” Bonta said. “We intend to make sure it happens.”
