The case was lodged on Monday in a federal court in Sacramento by states led by Republican attorneys general. They contend that California’s Plastic Pollution Prevention and Packaging Producer Responsibility Act overreaches by effectively influencing business practices far beyond the state’s borders.
Signed into law by Governor Gavin Newsom in 2022, the measure became operational on May 1. It requires manufacturers to reduce single-use plastic packaging and food-service materials by 25 percent and ensure such products are recyclable or compostable by 2032.
The states argue that the legislation places an unfair burden on interstate commerce, claiming it conflicts with constitutional protections governing trade between states.
According to the complaint, businesses may be forced to spend heavily to redesign packaging systems and manufacturing processes, expenses that could ultimately be transferred to consumers through higher prices.
Nebraska Attorney General Mike Hilgers criticized the law, saying California should not be allowed to implement policies that have economic consequences for residents across the country. He warned that everyday goods could become more expensive if the measure remains in place.
The lawsuit also includes the National Association of Wholesaler-Distributors as a plaintiff, joining the states in opposing the legislation.
Named as defendants are Zoe Heller, director of the California Department of Resources Recycling and Recovery, and the Circular Action Alliance, the nonprofit organization responsible for helping enforce the law. The alliance also oversees similar producer-responsibility programs in several other states.
Neither California’s recycling agency nor the Circular Action Alliance immediately issued public responses following requests for comment as the legal battle moves forward.
Goodness Anunobi
