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Oregon’s Packaging EPR Law Goes to Trial
What Happened: The nation’s first courtroom challenge to a packaging Extended Producer Responsibility (EPR) law concluded in Portland, where the National Association of Wholesaler-Distributors is challenging Oregon’s Plastic Pollution and Recycling Modernization Act as an unconstitutional burden on interstate commerce and improper delegation of authority, following a five-day bench trial after a preliminary injunction paused enforcement in February 2026.
IFA’s Role: The IFA Law Center and Restaurant Law Center filed an amicus brief supporting a permanent injunction, arguing that Oregon’s EPR framework does not account for franchise systems where packaging decisions and costs are shared among franchisors, franchisees, suppliers, distributors, and manufacturers, and that the law improperly uses franchise affiliation as a proxy for size when determining producer status.
Why It Matters: As six additional states have enacted packaging EPR laws, the court’s decision could have significant implications for franchise systems nationwide by determining whether EPR requirements designed for vertically integrated manufacturers appropriately apply to franchise networks. The court is expected to issue a ruling by the end of August 2026, with an appeal likely regardless of the outcome.
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