targets and the creation of products that are better designed to become part of the recycling lifecycle. Europe and Canada have already begun implementing EPR laws, explained Lauren Williams, vice president of government relations at NAW, which is how this policy made its way to the United States. “Proponents of the laws are intentionally trying to
spread the responsibility of recycling away from the consumer and up the supply chain,” Williams said. “Unfortunately, distributors are a part of the supply chain that has little if any control over decisions on how a product is designed or if it can or will be eventually recycled.” Under state law, for example, a distributor that’s been deemed a producer of the product would need to join a PRO. These non-governmental entities set the fees and standards, then manage the state stewardship program. “The distributor would then have to register as a producer in the state, report the amount of product and ultimately pay the fee that is assessed by the PRO,” Williams explains. In Oregon, for example, the initial fees are retroactive, which places a significant financial burden on distributors. Additionally, the fees that are assessed by the PRO may be greater than the profit margins on the product or even the price of the product. Lastly, this places new operational burdens on distributors to accurately report to the PRO the volume of products being sold into the state. “Every state has different penalties in place for non- compliance but they are all quite expensive,” Williams said. For instance, the Oregon Department of Environmental Quality (DEQ) has the authority to assess penalties for non- compliance, which can reach up to $25,000 per day. And in Colorado, the Colorado Department of Public Health and Environment can assess penalties of $5,000 for the first day of the violation and $1,500 for each following day until the violation is cured. NAW requested a one-year delay of Oregon’s
enforcement of the law due to the widespread confusion and a substantial number of outstanding questions. Oregon denied the request and chose to move forward with its implementation. In response, NAW filed a lawsuit in a U.S. District Court in Oregon, claiming the state’s Plastic Pollution and Recycling Modernization Act and related regulations violate both U.S. and Oregon constitutions. “Oregon’s law is an unprecedented program seeking
to broadly regulate entities across the supply chain and affecting virtually every aspect of intra and interstate commerce for products purchased in Oregon, all while
Fall 2025 27
“While NAW supports the goal of a circular economy, the Oregon EPR law as enacted is unconstitutional, creates new mandates, inhibits interstate commerce, and fails at its primary goal of encouraging circularity.”
— Eric Hoplin President and CEO NAW
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