California Law Requires Plastic Producers to Cut Single-Use Packaging

A California law that took effect in May requires packaging producers to reduce single-use plastics and ensure all packaging is recyclable or compostable by 2032. The measure also directs producers to pay $5 billion toward remediation of plastic pollution.

The law was signed in 2022. It sets targets for lower single-use plastic volumes and higher recycling rates. Only 5-6% of plastic is currently recycled in the United States.

Seventeen states sued on Monday to block the law.

The states argue that the measure improperly burdens manufacturers outside California and delegates tax authority to a private entity called Circular Action Alliance. Eric Hoplin, president and CEO of the national association of wholesalers, said no state should limit interstate commerce or delegate tax collection to a third party.

Environmental organizations filed a separate lawsuit. They contend that state regulations allow recycling methods that generate toxic waste and exclude some plastic products from coverage. Avinash Kar of the Natural Resources Defense Council said the rules create loopholes that undermine the law’s targets.

He added that similar commerce-clause challenges to other product restrictions have been rejected. Heidi Sanborn of the National Stewardship Action Council said the law shifts waste-management costs from local governments and taxpayers to the companies that design and profit from packaging.

She stated that proper implementation can reduce community costs and keep materials in circulation. Scott Cassel of the Product Stewardship Institute said extended-producer-responsibility laws operate in Europe, Canada, Asia, South America, and Africa.