The Only Outside Money in This Race Is $95,900 from the Chemical Industry. His Bill Contains Their Top Regulatory Ask.
Why this matters
On August 21, 2026, a chemical industry trade association became the only outside group to spend money supporting Rep. Langworthy this election cycle. The ad it paid for praises his work on recycling. It does not mention the provision in his recycling bill that the chemical industry has been asking the federal government for, in writing, for at least three years.
This entry does not allege coordination, and no evidence of any exists. Independent expenditures are, by law, made without a candidate’s involvement. What it documents is a public chronology assembled entirely from federal disclosure records: what the group asked for, when it asked, what the bill does, and what it spent.
The money
FEC Form 5, filing 2009256, filed and signed August 21, 2026 by Aimee Lubin for the American Chemistry Council (FEC ID C90011578, an “independent expenditure filer, not a committee,” 655 New York Ave NW, Washington DC). Coverage period August 21 through September 3, 2026. Three line items, all paid to the same vendor, Orange Agency of Alexandria, Virginia, all dated August 21, all coded “support”:
| Transaction | Candidate | Office | Amount | Description |
|---|---|---|---|---|
| F57.000001 | Jon Husted | Senate, OH | $385,242 | “Streaming, Digital, Broadcast” |
| F57.000002 | Gabe Evans | House, CO-08 | $88,088 | “Streaming, Digital, Broadcast” |
| F57.000003 | Nick Langworthy | House, NY-23 | $95,900 | “Streaming, Broadcast” |
| Filing total | $569,230 |
This is the only independent expenditure supporting Langworthy in the 2026 cycle. The only other independent expenditure in NY-23 this cycle is $149.64, spent by Lake Effect Change PAC on Facebook ads supporting his opponent, Aaron Gies, on May 25, 2026.
The American Chemistry Council’s complete 2026-cycle independent expenditure program comes to exactly $1,000,000, across six candidates:
| Date | Candidate | Amount | Position |
|---|---|---|---|
| May 5 | Brett Guthrie (R-KY-02) | $80,276 | Chairman, House Energy and Commerce |
| May 5 | Gary Palmer (R-AL-06) | $131,018 | Energy and Commerce member |
| Aug 6 | Dan Sullivan (R-AK) | $219,476 | U.S. Senator |
| Aug 21 | Jon Husted (R-OH) | $385,242 | U.S. Senator |
| Aug 21 | Gabe Evans (R-CO-08) | $88,088 | Energy and Commerce member |
| Aug 21 | Nick Langworthy (R-NY-23) | $95,900 | Energy and Commerce member |
| Total | $1,000,000 |
All four House recipients sit on the Energy and Commerce Committee, and one of them chairs it. Committee assignments verified against the House Clerk’s MemberData.xml, published July 6, 2026.
In plain language: a trade association spent exactly a million dollars this cycle. Four of the six people it spent on sit on the single committee with jurisdiction over the Federal Trade Commission, which is the agency its priority legislation would direct.
By contrast, the American Chemistry Council’s PAC has given Langworthy’s campaign committee $1,000 directly, on March 19, 2025. That is the whole of the direct contribution record. The independent expenditure is ninety-six times the size of it.
The bill
Langworthy introduced H.R. 7502, the Recycled Materials Attribution Act of 2026, on February 11, 2026. It has 12 cosponsors, seven Republicans and five Democrats, and was referred to Energy and Commerce. It has had no markup and no floor action.
Gabe Evans, who received $88,088 on the same Form 5, is an original cosponsor of Langworthy’s bill.
Three of its provisions matter here.
Section 3, “Recognition of mass balance accounting for recycled content claims.” The operative sentence: “Mass balance accounting shall be an acceptable method for substantiating recycled content claims and analogous claims if the use of mass balance accounting complies with the requirements of a third-party certification system.”
Section 4(b)(1) directs the FTC to update its Green Guides, the federal standards for environmental marketing claims, within one year of enactment, to reflect “the authorization to substantiate recycled content claims through mass balance accounting.”
Section 6, “Preemption.” “No State, or political subdivision of a State, may maintain, enforce, prescribe, or continue in effect any law, rule, regulation, requirement, standard, or other provision having the force and effect of law that relates to the prohibition and enforcement provisions of this Act.”
What mass balance accounting is, and why it is contested
Mechanical recycling produces pellets that can be physically traced. Chemical recycling, which the industry calls advanced recycling, breaks plastic waste into a feedstock that enters a conventional petrochemical cracker mixed with fossil feedstock. After that point no molecule in the output can be identified as recycled. Mass balance is the accounting method used instead: a plant documents how much recycled feedstock went in, then allocates that quantity as “recycled content” across some portion of what comes out.
The industry’s case, in its own words to the FTC: mechanical recycling methods “support mechanical recycling,” but advanced recycling “requires a different method for substantiating recycled content claims.” The Council notes that mass balance is already accepted by the Forest Stewardship Council, Better Cotton, the Rainforest Alliance, and other certification schemes. Without it, chemically recycled output cannot carry a recycled-content percentage claim, which is what brand customers pay for.
The objection is that the allocation can be generous. Critics focus on whether output streams that end up burned as fuel are excluded from the denominator, which concentrates the recycled credit onto the plastic products and lets a package be labeled with a recycled percentage substantially higher than any physical content.
Anja Brandon of Ocean Conservancy, on this bill: “Broadly codifying all mass balance accounting methods as acceptable, without adequate safeguards or restrictions on plastics-to-fuels, creates a system ripe for greenwashing.” The Alliance for Mission-Based Recycling, a recyclers’ group, objects that recycled content could be “assigned to new plastic products even when the recycled feedstock does not physically become those products.”
What the bill’s text does and does not say about that. Section 4(a)(2) provides that “Fuels produced and sold as an end product may not be marketed as ‘recycled content’ under this Act.” That bars marketing fuel itself as recycled content. On its face the text does not require that output diverted to fuel be counted against the allocation denominator, which is the specific objection critics raise, and it does not name a particular certification system, leaving that choice to the certifier. This is a description of what the text says, not a prediction of how it would be administered.
One federal agency has ruled on the question. The EPA rejected mass balance in its updated Safer Choice standard, released August 8, 2024, requiring that recycled content be determined “by weight.”
The FTC has not updated the Green Guides since 2012. It opened a review in December 2022; as of this writing no revision has issued.
The chronology
Every item below is a dated federal disclosure or public statement.
| Date | Event | Source |
|---|---|---|
| Apr 2023 | ACC’s Plastics Division files comments urging the FTC to revise the Green Guides “to recognize mass balance among the alternative methods,” proposing a safe harbor for a “50% recycled content” claim based on mass balance | FTC docket FTC-2022-0077 |
| Q3 2025 (July 1 – Sept 30) | ACC’s federal lobbying disclosure lists, among its subjects, “Unintroduced legislation titled the ‘Recycled Materials Attribution Act.’” The same filing lists “Unintroduced legislation dealing with plastics recycling claims and the FTC” | Senate LDA, ACC Q3 2025 |
| Feb 11, 2026 | Langworthy introduces H.R. 7502 under that name | congress.gov |
| Feb 12, 2026 | ACC’s plastics division endorses the bill on the day after introduction; Ross Eisenberg of America’s Plastic Makers is quoted in Langworthy’s own release | Langworthy release |
| Q1 and Q2 2026 | ACC’s lobbying disclosures list “H.R.7502” by number; outside firms Mehlman Consulting and Holland & Knight disclose the same | Senate LDA |
| July 22, 2026 | The Energy and Commerce Subcommittee on Commerce, Manufacturing and Trade holds a legislative hearing including H.R. 7502 | House E&C |
| Aug 21, 2026 | ACC files a Form 5 reporting $95,900 supporting Langworthy and $88,088 supporting an original cosponsor of his bill | FEC |
In plain language: the trade association told the federal government it was lobbying on legislation by this name during the quarter that ended September 30, 2025, more than four months before the legislation existed. That is a disclosure the law requires it to file, and it filed it.
What this entry does not establish
Stated plainly, because the distinction matters:
- No coordination is alleged or evidenced. Independent expenditures are legally required to be made without consultation with the candidate. Nothing in the public record indicates otherwise here, and this entry does not suggest it.
- Lobbying on a draft bill is normal and legal. Trade associations routinely work with members of Congress on legislation and disclose it. The disclosure is the system functioning as designed.
- The bill is genuinely bipartisan. Five of its twelve cosponsors are Democrats. Misleading recycled-content labeling is a real consumer-protection problem, and the bill does prohibit unsubstantiated claims and direct FTC enforcement. Consumer advocates want federal clarity too; they disagree about this method of providing it.
- Langworthy does not sit on the subcommittee of jurisdiction. He is on the Energy, Health, and Environment subcommittees of Energy and Commerce, not Commerce, Manufacturing and Trade, which handles FTC matters and held the July 22 hearing on his own bill.
- The ad’s literal claims are accurate. He does lead a bipartisan recycling effort. The bill would give manufacturers regulatory certainty. Those statements are true.
The gap is what the thirty seconds leave out: that the certainty in question is recognition of a contested accounting method, and that the bill preempts state law on the subject.
Questions this raises
- Did the Congressman’s office work with the American Chemistry Council or its members on the text of H.R. 7502 before introduction, and if so, when did that begin?
- Section 3 is the provision the chemical industry has asked the FTC for since 2023. What was the Congressman’s reason for including it, and did he consider the EPA’s contrary 2024 determination in Safer Choice?
- Section 6 preempts state law. New York has its own recycled-content statutes. Which New York provisions would this override?
- Critics say the bill does not close the fuel-exempt allocation question. Would the Congressman support an amendment requiring that output diverted to fuel be counted against the allocation denominator?
- Will the Congressman disclose whether he or his staff met with the Council during the period its filings describe the bill as unintroduced?
Related fact-checks
- Energy Choice Act: what the bill does and leaves out
- State preemption pattern
- AIPAC money and the record
- Campaign finance patterns
Sources
Primary federal records (saved locally)
- FEC Form 5, filing 2009256, American Chemistry Council, Aug 21, 2026: https://docquery.fec.gov/dcdev/posted/2009256.fec (local: research/sources/fec-f5-acc-langworthy-2026-08-21.fec)
- FEC Schedule E, committee C90011578, 2026 cycle (local: research/sources/fec-acc-schedule-e-2026-cycle.json)
- FEC bulk file itpas2, 2026 cycle (ACC PAC C00252338 to Langworthy, $1,000, 03/19/2025)
- H.R. 7502 as introduced: https://www.govinfo.gov/content/pkg/BILLS-119hr7502ih/html/BILLS-119hr7502ih.htm (local copy in research/sources)
- H.R. 7502 BILLSTATUS: https://www.govinfo.gov/bulkdata/BILLSTATUS/119/hr/BILLSTATUS-119hr7502.xml
- Senate LDA filings, American Chemistry Council, 2025 Q3 and 2026 Q1–Q2: https://lda.senate.gov/api/v1/filings/?client_name=American%20Chemistry%20Council
- House Clerk, MemberData.xml, published July 6, 2026: https://clerk.house.gov/xml/lists/MemberData.xml
The ad and its sponsor
- ACC press release, Aug 21, 2026: https://www.americanchemistry.com/chemistry-in-america-industry-innovation-impact/news-trends/press-release/2026/acc-launches-ad-highlighting-rep.-nick-langworthy-s-leadership-on-recycling-and-manufacturing
- ACC comments to the FTC, docket FTC-2022-0077 (Plastics Division comment 0995; Regulatory and Scientific Affairs comment 0986), April 2023
- Recycling Leadership Council statement on introduction, Feb 12, 2026: https://www.recyclingleadershipcouncil.org/news/introduction-of-the-recycled-materials-attribution-act
Coverage and analysis
- E&E News, “Bill would outlaw misleading recycling content claims,” Feb 12, 2026: https://www.eenews.net/articles/bill-would-outlaw-misleading-recycling-content-claims/
- Packaging Dive, Feb 13, 2026: https://www.packagingdive.com/news/recycled-materials-attribution-act-congress-chemical-recycling/812178/
- Waste Dive, July 22 hearing coverage, July 23, 2026: https://www.wastedive.com/news/pack-act-recycled-materials-attribution-act-congressional-hearing/826038/
- Packaging Dive, mass balance explainer, Mar 5, 2024: https://www.packagingdive.com/news/mass-balance-plastic-packaging-iscc-rms-chemical-recycling/708017/
- ProPublica, “EPA Rejects Mass Balance,” Aug 29, 2024: https://www.propublica.org/article/epa-rejects-mass-balance-plastics-recycling-safer-choice
- House E&C, hearing announcement, July 22, 2026: https://energycommerce.house.gov/
Note: This entry documents publicly available information from federal disclosure records. Independent expenditures are made independently of candidates as a matter of law, and no coordination is alleged. Neither Rep. Langworthy’s office nor the American Chemistry Council was asked for comment before publication. The questions above stand open to both, and any response either provides will be published here in full.
Last updated: August 26, 2026