Science
Amid state inaction, California chef sues to block sales of foam food containers
Redwood City — Fed up with the state’s refusal to enforce a law banning the sale of polystyrene foam cups, plates and bowls, a San Diego County resident has taken matters into his own hands.
Jeffrey Heavey, a chef and owner of Convivial Catering, a San Diego-area catering service, is suing WinCup, an Atlanta-based foam foodware product manufacturing company, claiming that it continues to sell, distribute and market foam products in California despite a state law that was supposed to ban such sales starting Jan. 1. He is suing on behalf of himself, not his business.
The suit, filed in the San Diego County Superior Court in March, seeks class action status on behalf of all Californians.
Heavey’s attorney, William Sullivan of the Sullivan & Yaeckel Law Group, said his client is seeking an injunction to stop WinCup from selling these banned products in California and to remove the products’ “chasing arrows” recycling label, which Heavey and his attorney describe as false and deceptive advertising.
They are also seeking damages for every California-based customer who paid the company for these products in the last three years, and $5,000 to every senior citizen or “disabled” person who may have purchased the products during this time period.
WinCup didn’t respond to requests for comments, but in a court filing described the allegations as vague, unspecific and without merit, according to the company’s attorney, Nathan Dooley.
Jeffrey Heavey is suing foodware maker WinCup, claiming that it continues to sell, distribute and market foam products in California despite a state law that was supposed to ban such sales starting Jan. 1.
(Luke Johnson / Los Angeles Times)
At issue is a California ban on the environmentally destructive plastic material, which went into effect on Jan. 1, as well as the definition of “recyclable” and the use of such a label on products sold in the state.
Senate Bill 54, signed into law by Gov. Gavin Newsom in 2021, targeted single-use plastic in the state’s waste stream.
The law included a provision that banned the sale and distribution of expanded polystyrene food service ware — such as foam cups, plates and takeout containers — on Jan. 1, unless producers could show they had achieved a 25% recycling rate.
“I’m glad a person in my district has taken this up and is holding these companies accountable,” said Catherine Blakespear (D-Encinitas). “But CalRecycle is the enforcement authority for this legislation, and they should be the ones doing this.”
The intent of the law was to put the financial onus of responsible waste management onto the producers of these products, and away from California’s taxpayers and cities that would otherwise have to dispose of these products or deal with their waste on beaches, in rivers and on roadways.
Expanded polystyrene is a particularly pernicious form of plastic pollution that does not biodegrade, has a tendency to break down into microplastics, leaches toxic chemicals and persists in the environment.
There are no expanded polystyrene recycling plants in California, and recycling rates nationally for the material hover around 1%.
A Mallard duck swims in water with Styrofoam polluting the beach on Lake Washington, Kirkland, Wash.
(Wolfgang Kaehler / LightRocket via Getty Images)
However, despite CalRecycle’s delayed announcement of the ban, companies such as WinCup not only continue to sell these banned products in California, but Heavey and his lawyers allege the products are deceptively labeled as “recyclable.”
In his suit, Heavey includes a March 15 receipt from a Smart & Final store in the San Diego County town of National City, indicating a purchase of “WinCup 16 oz. Foam” cups.
Similar polystyrene foam products could be seen on the shelves this week at a Redwood City Smart & Final, including a 1,000-count box of 12-ounce WinCup foam cups selling for $36.99. Across the aisle, the shelves were packed with bags of Simply Value and First Street (both Smart & Final brands) foam plates and bowls.
There were “chasing arrow” recycling labels on the boxes containing cup lids. The symbol included a No. 6 in the center, indicating the material is polystyrene. There were none on the cardboard boxes containing cups, and it couldn’t be determined if the individual foam products were tagged with recycling labels. They were either obstructed from view inside cardboard boxes or stacked in bags which obscured observation.
Smart & Final, which is owned by Chedraui USA, a subsidiary of Mexico City-based Grupo Comercial Chedraui, didn’t respond to requests for comment.
Heavey’s suit alleges the plastic product manufacturer is “greenwashing” its products by labeling them as recyclable and in so doing, trying to skirt the law.
According to the suit, recycling claims are widely disseminated on products and via other written publications.
The company’s website includes an “Environmental” tab, which includes a page entitled: “Foam versus Paper Disposable Cups: A closer look.”
The page includes a one-sentence argument highlighting the environmental superiority of foam over paper, noting that “foam products have a reputation for environmental harm, but if we examine the scientific research, in many ways Expanded Polystyrene (EPS) foam is greener than paper.”
Heavey’s suit claims that he believed he was purchasing recyclable materials based on the products’ labeling, and he would not have bought the items had they not been advertised as such.
WinCup, which is owned by Atar Capital, a Los Angeles-based global private investment firm sought to have the case moved to the U.S. District Court in San Diego, but a judge there remanded the case back to the San Diego Superior Court or jurisdiction grounds.
Susan Keefe, the Southern California Director of Beyond Plastics, an anti-plastic environmental group based in Bennington, Vt., said that as of June, the agency had not yet enforced the ban, despite news stories and evidence that the product was still being sold in the state.
“It’s really frustrating. CalRecycle’s disregard for enforcement just permits a lack of respect for our laws. It results in these violators who think they can freely pollute in our state with no trepidation that California will exercise its right to penalize them,” she said.
Melanie Turner, a spokesoman for CalRecycle, said in a statement that expanded polystyrene producers “should no longer be selling or distributing expanded polystyrene food service ware to California businesses.”
“CalRecycle has been identifying and notifying businesses that may be impacted by SB 54, including expanded polystyrene requirements, and communicating their responsibilities with mailed notices, emailed announcements, public meetings, and workshops,” she said.
The waste agency “is prioritizing compliance assistance for producers regulated by this law, prior to potential enforcement action,” she said.
Keefe filed a public records request with the agency regarding communications with companies selling the banned material and said she found the agency had not made any attempts to warn or stop the violators from selling banned products.
Blakespear said it’s concerning the law has been in effect for more than six months and CalRecycle has yet to clamp down on violators. Enforcement is critical, she said, for setting the tone as SB 54 is implemented.
According to Senate Bill 54, companies that produce banned products that are then sold in California can be fined up to $50,000 per day, per violation.
According to a report issued by the waste agency last week, approximately 47,000 tons of expanded polystyrene foam was disposed in California landfills last year.
Our universe might be chock-full of cosmic wonder, but you can observe only a fraction of astronomical phenomena with the naked eye. Meteor showers, natural fireworks that streak brightly across the night sky, are one of them.
The latest observable meteor shower will be the Lyrids, which has been active since April 14 and is forecast to continue through April 30. The shower reaches its peak April 21 to 22, or Tuesday night into Wednesday morning.
According to NASA, the Lyrids are one of the oldest known meteor showers, and have been enjoyed by stargazers for nearly 3,000 years. Their bright, speedy streaks are caused by the dusty debris from a comet named Thatcher. They appear to spring from the constellation Lyra, which right now can be seen in the eastern sky at night in the Northern Hemisphere.
The moon will be about 27 percent full tonight, appearing as a thick crescent in the sky, according to the American Meteor Society.
To get a hint at when to best watch for the Lyrids, you can use this tool, which relies on data from the Global Meteor Network. It shows fireball activity levels in real time.
And while you gaze at the heavens, keep an eye out for other stray meteors streaking across the night sky. Skywatchers are reporting that the amount of fireballs is double what is usually seen by this point in the year.
Where meteor showers come from
There is a chance you might see a meteor on any given night, but you are most likely to catch one during a shower. Meteor showers are caused by Earth passing through the rubble trailing a comet or asteroid as it swings around the sun. This debris, which can be as small as a grain of sand, leaves behind a glowing stream of light as it burns up in Earth’s atmosphere.
Meteor showers occur around the same time every year and can last for days or weeks. But there is only a small window when each shower is at its peak, which happens when Earth reaches the densest part of the cosmic debris. The peak is the best time to look for a shower. From our point of view on Earth, the meteors will appear to come from the same point in the sky.
The Perseid meteor shower, for example, peaks in mid-August from the constellation Perseus. The Geminids, which occur every December, radiate from the constellation Gemini.
How to watch a meteor shower
Michelle Nichols, the director of public observing at the Adler Planetarium in Chicago, recommends forgoing the use of telescopes or binoculars while watching a meteor shower.
“You just need your eyes and, ideally, a dark sky,” she said.
That’s because meteors can shoot across large swaths of the sky, so observing equipment can limit your field of view.
Some showers are strong enough to produce up to 100 streaks an hour, according to the American Meteor Society, though you probably won’t see that many.
“Almost everybody is under a light-polluted sky,” Ms. Nichols said. “You may think you’re under a dark sky, but in reality, even in a small town, you can have bright lights nearby.”
Planetariums, local astronomy clubs or even maps like this one can help you figure out where to go to escape excessive light. The best conditions for catching a meteor shower are a clear sky with no moon or cloud cover, sometime between midnight and sunrise. (Moonlight affects visibility in the same way as light pollution, washing out fainter sources of light in the sky.) Make sure to give your eyes at least 30 minutes to adjust to seeing in the dark.
Ms. Nichols also recommends wearing layers, even during the summer. “You’re going to be sitting there for quite a while, watching,” she said. “It’s going to get chilly, even in August.”
Bring a cup of cocoa or tea for even more warmth. Then lie back, scan the sky and enjoy the show.
Where weather is least likely to affect your view
Storm systems sweep across the country in early spring, and some will be obscuring skies tonight. But there will still be plenty of areas with clear skies, particularly in parts of the central United States.
“The best spot is going to be in the Upper Midwest,” said Rich Bann, a meteorologist with the Weather Prediction Center.
Minnesota, Wisconsin and Iowa will offer especially good sky-viewing weather and a beach on the Great Lakes could be a nice spot to look up at the stars.
But don’t expect to view the show from Chicago, as Illinois could see some thunderstorms. The weather will be better in the Northern and Central Plains, particularly the eastern Dakotas.
High, wispy clouds are expected over the Ohio and Tennessee Valleys and into parts of the Mid-Atlantic. But, Mr. Bann said, “you may be able to see some shooting stars through thin clouds.”
Clouds will be draped across much of the Southeast and the Northeast, though there could be some clearing in Florida, Georgia, the Carolinas and Virginia. Remember, the meteors could be visible all night long. If you look outside and see clouds, try again later.
Catching the spectacle will be challenging across much of the West, particularly from Washington into Northern California, where a storm system is bringing rain and snow. That system will move east overnight.
There are likely to be some pockets of clear skies at times across southern Nevada, northwest Arizona and southwest Utah, Mr. Bann said.
Amy Graff contributed reporting.
WASHINGTON — Amid growing national security concerns, the FBI said Tuesday that it has launched a broad investigation in the deaths or disappearances of at least 10 scientists and staff connected to highly sensitive research, including four from the Los Angeles area.
“The FBI is spearheading the effort to look for connections into the missing and deceased scientists. We are working with the Department of Energy, Department of War, and with our state and state and local law enforcement partners to find answers,” the agency said in a statement.
The FBI’s announcement comes after the House Oversight Committee announced that it would investigate reports of the disappearance and deaths of the scientists, sending letters seeking information from the agencies involved in the federal inquiry as well as NASA, which owns the Jet Propulsion Laboratory in La Cañada Flintridge, where three of the missing or dead scientists worked.
“If the reports are accurate, these deaths and disappearances may represent a grave threat to U.S. national security and to U.S. personnel with access to scientific secrets,” Reps. James Comer (R-Ky.), chairman of the committee, and Eric Burlison (R-Mo.) wrote in the letters.
President Trump told reporters last week that he had been briefed on the missing and dead scientists, which he described as “pretty serious stuff.” He said at the time that he expected answers on whether the deaths were connected “in the next week and a half.”
Michael David Hicks, who studied comets and asteroids at JPL, was the first of the scientists who disappeared or died. He died on July 30, 2023, at the age of 59. No cause of death was disclosed.
A year later, JPL physicist Frank Maiwald died at 61, with no cause of death disclosed.
Two other Los Angeles scientists are part of the string of deaths and disappearances.
On June 22, 2025, Monica Jacinto Reza, a materials scientist at JPL, disappeared while on a hike near Mt. Waterman in the San Gabriel Mountains.
On Feb. 16, Caltech astrophysicist Carl Grillmair was fatally shot on the porch of his Llano home. The Los Angeles County Sheriff’s department arrested Freddy Snyder, 29, in connection with the shooting. Snyder had been arrested in December on suspicion of trespassing on Grillmair’s property.
Snyder has been charged with murder.
There is no evidence at this point that the deaths and disappearances, which occurred over a span of four years, are connected.
A spokesperson for NASA, which owns JPL, said in a statement on X that the agency is “coordinating and cooperating with the relevant agencies in relation to the missing scientists.
“At this time, nothing related to NASA indicates a national security threat,” agency spokesperson Bethany Stevens wrote. “The agency is committed to transparency and will provide more information as able.”
Representatives from Caltech, which manages JPL, did not immediately respond to a request for comment.
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.
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