WHAT HAPPENED: A coalition of 17 states filed suit against California this week seeking to block enforcement of the state’s Plastic Pollution Prevention and Packaging Producer Responsibility Act, passed by Gov. Gavin Newsom in 2022. The lawsuit argues the law violates both the U.S. and California constitutions, and asks the court to declare it invalid and unenforceable.
WHO IS INVOLVED: Nebraska leads the coalition, joined by Alabama, Florida, Georgia, Idaho, Indiana, Iowa, Louisiana, Missouri, Montana, North Dakota, Oklahoma, South Carolina, South Dakota, Texas, Utah, and West Virginia. The National Association of Wholesaler-Distributors also joined the suit.
WHY IT MATTERS: The law sets the nation’s strictest requirements for plastic packaging, requiring producers to reduce single-use plastics by 10% by 2027 and 25% by 2032, and mandating that plastic packaging be recycled at a rate of 65% by 2032. The plaintiffs argue that California’s rules would effectively force businesses nationwide — including food and agriculture companies — to overhaul their products and packaging operations to comply with a single state’s regulatory regime. Chicken processors and their suppliers rely on plastic packaging throughout the supply chain, from retail tray packs to food service formats, and a ruling upholding California’s law could have significant compliance implications across the industry.
WHAT’S NEXT: The lawsuit names as defendants the director of California’s recycling agency CalRecycle and the Circular Action Alliance, the nonprofit tasked with implementing the law. A separate legal challenge has also been filed by environmental groups who argue the final regulations were too weak. NCC will monitor the litigation and its potential implications for poultry packaging requirements.
