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Packaging EPR goes on trial

Extended producer responsibility for packaging programs in the United States have had some major firsts the last few years. Maine was the first state to pass a packaging EPR law in 2021. Oregon became the first state to begin implementing such a program in 2025.

Next week is slated to bring a new milestone: The first packaging EPR lawsuit to go to trial.

That means that by year’s end, there could be more clarity about the future risks and opportunities with these programs.

The National Association of Wholesaler-Distributors is poised to argue its case in a five-day trial in Portland, Oregon, starting July 13 — less than a year since it filed a lawsuit that’s gripped producers and the recycling world.

NAW believes Oregon’s packaging EPR program is unconstitutional on two primary grounds: violation of the Due Process Clause, particularly as it relates to delegating authority to producer responsibility organization Circular Action Alliance, and violation of the Commerce Clause, given the state program’s implications for out-of-state businesses.

Packaging EPR goes on trial | Packaging Dive

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