wants better clarity over whether that term applies to sales from distributor to distributor or only from distributor to end user. If it’s the latter, he worries that could make distributors responsible for many more kinds of packaging. “That would pretty much put the onus of everything on us, which would be terrible,” he said. “I think market entry definition would be a big one. That would at least clarify where our risk is.”
EPR Facing Mounting Legal Challenges For distributors like Curtis, the uncertainty is not simply a
compliance problem. It is also at the center of a broader legal battle over how EPR programs are structured, administered, and enforced. Led by the National Association of Wholesaler-Distributors (NAW), business advocacy groups have been working to invalidate the laws entirely through constitutional challenges. In July 2025, the same month Oregon’s reporting and fee requirements went into effect, NAW filed a lawsuit, NAW v. Feldon, challenging the RMA as a violation of both the U.S. and Oregon constitutions. The key arguments of the filing include that Oregon
improperly delegated its government fee-setting authority to a private organization, the CAA, without adequate standards or oversight, and with no way for businesses to challenge the CAA’s decisions in court. Further, NAW says the law compels businesses to join and financially support CAA as a condition of doing business in the state, prohibits businesses from disclosing EPR-related fees to customers, and allows CAA to use mandatory member dues to promote its political and policy positions that businesses may not agree with. The lawsuit also raises questions under the Dormant Commerce Clause, arguing that the RMA favors in-state entities over out-of-state entities and affects interstate commerce. Michael Simon, the presiding judge for the U.S. District Court for the District of Oregon, agreed that the lawsuit had merit and that enforcement could lead to irreparable harm. As a result, the court imposed a preliminary injunction in February 2026 blocking Oregon from enforcing the RMA against NAW and its members. However, the constitutional challenges to EPR laws are novel and outcomes are uncertain. The lawsuit went to trial in mid-July and a decision could come later this year. FEDA members are encouraged to check
feda.com for any updates on the lawsuit.
In a statement following the trial, NAW said its witnesses showed the court the extent of the real-world costs the RMA imposes on wholesaler-distributors — not only in terms of dollars but also in time and operational disruption. “The trial also exposed a fundamental
“Oregon has delegated enormous authority to the Circular Action Alliance, a private organization that sets fees using a confidential methodology producers cannot review or verify, and that Oregon itself acknowledged it neither recreated nor needed to use because it could administer the program on its own.”
— Brian Wild Chief Government Affairs Officer National Association of Wholesaler-Distributors (NAW)
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September 15-18, 2026 • Grand Hyatt Deer Valley • Park City, Utah Fall 2026 13
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