& Securities

U.S. packaging extended producer responsibility laws are entering a new phase, as recently enacted regimes move into implementation and face judicial scrutiny. Challenges in Oregon, California and Colorado have raised constitutional and statutory objections to key features of these programs, creating uncertainty for regulated businesses. Recent developments in Oregon, however, illustrate why businesses should not assume that a pending challenge will eliminate their compliance obligations. A recent decision from the U.S. District Court for the District of Oregon upheld Oregon’s EPR law and rejected constitutional challenges to the law from the National Association of Wholesaler-Distributors. Litigation remains pending in California, where plaintiffs are seeking to preliminarily enjoin the state’s EPR law, but no relief has been granted. Meanwhile, the European Union’s Packaging and Packaging Waste Regulation became generally applicable on August 12, 2026, bringing new EPR and packaging requirements into effect across the EU. For deal teams, these developments underscore the need to diligence EPR exposure under current law while assessing how litigation and implementation may affect a target’s obligations and costs over the investment horizon.

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