Science
With a nudge from industry, Congress takes aim at California recycling laws
The plastics industry is not happy with California. And it’s looking to friends in Congress to put the Golden State in its place.
California has not figured out how to reduce single-use plastic. But its efforts to do so have created a headache for the fossil fuel industry and plastic manufacturers. The two businesses are linked since most plastic is derived from oil or natural gas.
In December, a Republican congressman from Texas introduced a bill designed to preempt states — in particular, California — from imposing their own truth-in-labeling or recycling laws. The bill, called the Packaging and Claims Knowledge Act, calls for a national standard for environmental claims on packaging that companies would voluntarily adhere to.
“California’s policies have slowed American commerce long enough,” Rep. Randy Weber (R-Texas) said in a post on the social media platform X announcing the bill. “Not anymore.”
The legislation was written for American consumers, Weber said in a press release. Its purpose is to reduce a patchwork of state recycling and composting laws that only confuse people, he said, and make it hard for them to know which products are recyclable, compostable or destined for the landfill.
But it’s clear that California’s laws — such as Senate Bill 343, which requires that packaging meet certain recycling milestones in order to carry the chasing arrows recycling label — are the ones he and the industry have in mind.
“Packaging and labeling standards in the United States are increasingly influenced by state-level regulations, particularly those adopted in California,” Weber said in a statement. “Because of the size of California’s market, standards set by the state can have national implications for manufacturers, supply chains and consumers, even when companies operate primarily outside of California.”
It’s a departure from Weber’s usual stance on states’ rights, which he has supported in the past on topics such as marriage laws, abortion, border security and voting.
“We need to remember that the 13 Colonies and the 13 states created the federal government,” he said on Fox News in 2024, in an interview about the border. “The federal government did not create the states. … All rights go to the people in the state, the states and the people respectively.”
During the 2023-2024 campaign cycle, the oil and gas industry was Weber’s largest contributor, with more than $130,000 from companies such as Philips 66, the American Chemistry Council, Koch Inc. and Valero, according to OpenSecrets.org.
Weber did not respond to a request for comment. The bill has been referred to the House Energy and Commerce Committee.
Plastic and packaging companies and trade organizations such as Ameripen, Keurig, Dr Pepper, the Biodegradable Plastics Industry and the Plastics Industry Assn. have come out in support of the bill.
Other companies and trade groups that manufacture plastics that are banned in California — such as Dart, which produces polystyrene, and plastic bag manufacturers such as Amcor — support the bill. So do some who could potentially lose their recycling label because they’re not meeting California’s requirements. They include the Carton Council, which represents companies that make milk and other beverage containers.
“Plastic packaging is essential to modern life … yet companies and consumers are currently navigating a complex landscape of rules around recyclable, compostable, and reusable packaging claims,” Matt Seaholm, chief executive of the Plastics Industry Assn., said in a statement. The bill “would establish a clear national framework under the FTC, reducing uncertainty and supporting businesses operating across state lines.”
The law, if enacted, would require the Federal Trade Commission to work with third-party certifiers to determine the recyclability, compostability or reusability of a product or packaging material, and make the designation consistent across the country.
The law applies to all kinds of packaging, not just plastic.
Lauren Zuber, a spokeswoman for Ameripen — a packaging trade association — said in an email that the law doesn’t necessarily target California, but the Golden State has “created problematic labeling requirements” that “threaten to curtail recycling instead of encouraging it by confusing consumers.”
Ameripen helped draft the legislation.
Advocates focused on reducing waste say the bill is a free pass for the plastic industry to continue pushing plastic into the marketplace without considering where it ends up. They say the bill would gut consumer trust and make it harder for people to know whether the products they are dealing with are truly recyclable, compostable or reusable.
“California’s truth-in-advertising laws exist for a simple reason: People should be able to trust what companies tell them,” said Nick Lapis, director of advocacy for Californians Against Waste. “It’s not surprising that manufacturers of unrecyclable plastic want to weaken those rules, but it’s pretty astonishing that some members of Congress think their constituents want to be misled.”
If the bill were adopted, it would “punish the companies that have done the right thing by investing in real solutions.”
“At the end of the day, a product isn’t recyclable if it doesn’t get recycled, and it isn’t compostable if it doesn’t get composted. Deception is never in the public interest,” he said.
On Friday, California’s Atty. Gen. Rob Bonta announced settlements totaling $3.35 million with three major plastic bag producers for violating state law regarding deceptive marketing of non-recyclable bags. The settlement follows a similar one in October with five other plastic bag manufacturers.
Plastic debris and waste is a growing problem in California and across the world. Plastic bags clog streams and injure and kill marine mammals and wildlife. Plastic breaks down into microplastics, which have been found in just about every human tissue sampled, including from the brain, testicles and heart. They’ve also been discovered in air, sludge, dirt, dust and drinking water.
Science
What’s in a Name? For These Snails, Legal Protection
The sun had barely risen over the Pacific Ocean when a small motorboat carrying a team of Indigenous artisans and Mexican biologists dropped anchor in a rocky cove near Bahías de Huatulco.
Mauro Habacuc Avendaño Luis, one of the craftsmen, was the first to wade to shore. With an agility belying his age, he struck out over the boulders exposed by low tide. Crouching on a slippery ledge pounded by surf, he reached inside a crevice between two rocks. There, lodged among the urchins, was a snail with a knobby gray shell the size of a walnut. The sight might not dazzle tourists who travel here to see humpback whales, but for Mr. Avendaño, 85, these drab little mollusks represent a way of life.
Marine snails in the genus Plicopurpura are sacred to the Mixtec people of Pinotepa de Don Luis, a small town in southwestern Oaxaca. Men like Mr. Avendaño have been sustainably “milking” them for radiant purple dye for at least 1,500 years. The color suffuses Mixtec textiles and spiritual beliefs. Called tixinda, it symbolizes fertility and death, as well as mythic ties between lunar cycles, women and the sea.
The future of these traditions — and the fate of the snails — are uncertain. The mollusks are subject to intense poaching pressure despite federal protections intended to protect them. Fishermen break them (and the other mollusks they eat) open and sell the meat to local restaurants. Tourists who comb the beaches pluck snails off the rocks and toss them aside.
A severe earthquake in 2020 thrust formerly submerged parts of their habitat above sea level, fatally tossing other mollusks in the snail’s food web to the air, and making once inaccessible places more available to poachers.
Decades ago, dense clusters of snails the size of doorknobs were easy to find, according to Mr. Avendaño. “Full of snails,” he said, sweeping a calloused, violet-stained hand across the coves. Now, most of the snails he finds are small, just over an inch, and yield only a few milliliters of dye.
Science
Video: This Parrot Has No Beak, But Is at the Top of the Pecking Order
new video loaded: This Parrot Has No Beak, But Is at the Top of the Pecking Order
By Meg Felling and Carl Zimmer
April 20, 2026
Science
Contributor: Focus on the real causes of the shortage in hormone treatments
For months now, menopausal women across the U.S. have been unable to fill prescriptions for the estradiol patch, a long-established and safe hormone treatment. The news media has whipped up a frenzy over this scarcity, warning of a long-lasting nationwide shortage. The problem is real — but the explanations in the media coverage miss the mark. Real solutions depend on an accurate understanding of the causes.
Reporters, pharmaceutical companies and even some doctors have blamed women for causing the shortage, saying they were inspired by a “menopause moment” that has driven unprecedented demand. Such framing does a dangerous disservice to essential health advocacy.
In this narrative, there has been unprecedented demand, and it is explained in part by the Food and Drug Administration’s recent removal of the “black-box warning” from estradiol patches’ packaging. That inaccurate (and, quite frankly, terrifying) label had been required since a 2002 announcement overstated the link between certain menopause hormone treatments and breast cancer. Right-sizing and rewording the warning was long overdue. But the trouble with this narrative is that even after the black-box warning was removed, there has not been unprecedented demand.
Around 40% of menopausal women were prescribed hormone treatments in some form before the 2002 announcement. Use plummeted in its aftermath, dipping to less than 5% in 2020 and just 1.8% in 2024. According to the most recent data, the number has now settled back at the 5% mark. Unprecedented? Hardly. Modest at best.
Nor is estradiol a new or complex drug; the patch formulation has existed for decades, and generic versions are widely manufactured. There is no exotic ingredient, no rare supply chain dependency, no fluke that explains why women are suddenly being told their pharmacy is out of stock month after month.
The story is far more an indictment of the broken insurance industry: market concentration, perverse incentives and the consequences of allowing insurance companies to own the pharmacy benefit managers that effectively control drug access for the majority of users. Three companies — CVS Caremark, Express Scripts and OptumRx — manage 79% of all prescription drug claims in the United States. Those companies are wholly owned subsidiaries of three insurance behemoths: CVS Health, Cigna and UnitedHealth Group, respectively. This means that the same corporation that sells you your insurance plan also decides which drugs get covered, at what price, and whether your pharmacy can stock them. This is called vertical integration. In another era, we might have called it a cartel. The resulting problems are not unique to hormone treatments; they have affected widely used medications including blood thinners, inhalers and antibiotics. When a low-cost generic such as estradiol — a medication with no blockbuster profit margins and no patent protection — runs into friction in this system, the friction is not random. It is structural. Every decision in that chain is filtered through the same corporate profit motive. And when the drug in question is an off-patent estradiol patch that has negligible profit margins because of generic competition but requires logistical investment to keep consistently in stock? The math on “how much does this company care about ensuring access” is not complicated.
Unfortunately, there is little financial incentive to ensure smooth, consistent access. There is, however, significant financial incentive to steer patients toward branded alternatives, or simply to let supply tighten — because the companies aren’t losing much profit if sales of that product dwindle. This is not a conspiracy theory: The Federal Trade Commission noted this dynamic in a report that documented how pharmacy benefit managers’ practices inflate costs, reduce competition and harm patient access, particularly for independent pharmacies and for generic drugs.
Any claim that the estradiol patch shortage is meaningfully caused by more women now demanding hormone treatments is a distraction. It is also misogyny, pure and simple, to imply that the solution to the shortage is for women’s health advocates to dial it down and for women to temper their expectations. The scarcity of estradiol patches is the outcome of a broken system refusing to provide adequate supply.
Meanwhile, there are a few strategies to cope.
- Ask your prescriber about alternatives. Estradiol is available in multiple formulations, including gel, spray, cream, oral tablet, vaginal ring and weekly transdermal patch, which is a different product from the twice-weekly patch and may be more consistently available depending on manufacturer and region.
- Consider an online pharmacy. Many are doing a good job locating and filling these prescriptions from outside the pharmacy benefit manager system.
- Call ahead. Patch shortages are inconsistent across regions and distributors. A call to pharmacies in your area, or a broader geographic radius if you’re able, can locate stock that your regular pharmacy doesn’t have.
- Consider a compounding pharmacy. These sources can sometimes meet needs when commercially manufactured products are inaccessible. The hormones used are the same FDA-regulated bulk ingredients.
Beyond those Band-Aid solutions, more Americans need to fight for systemic change. The FTC report exists because Congress asked for it and committed to legislation that will address at least some of the problems. The FDA took action to change the labeling on estrogen in the face of citizen and medical experts’ pressure; it should do more now to demand transparency from patch manufacturers.
Most importantly, it is on all of us to call out the cracks in the current system. Instead of repeating “there’s a patch shortage” or a “surge in demand,” say that a shockingly small minority of menopausal women still even get hormonal treatments prescribed at all, and three drug companies control the vast majority of claims in this country. Those are the real problems that need real solutions.
Jennifer Weiss-Wolf, the executive director of the Birnbaum Women’s Leadership Center at New York University School of Law, is the author of the forthcoming book “When in Menopause: A User’s Manual & Citizen’s Guide.” Suzanne Gilberg, an obstetrician and gynecologist in Los Angeles, is the author of “Menopause Bootcamp.”
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