Georgia has joined a coalition of 17 states in a federal lawsuit challenging a California law that regulates plastic packaging and recycling requirements, arguing the measure unlawfully extends California’s authority beyond its borders and could increase costs for consumers nationwide.
The lawsuit, filed in federal court in California, targets the state’s Plastic Pollution Prevention and Packaging Producer Responsibility Act, a 2022 law intended to reduce plastic waste by requiring producers to make packaging recyclable or compostable and to reduce reliance on single-use plastics. California finalized regulations implementing the law earlier this year.
Georgia Attorney General Carr said the law amounts to an unconstitutional attempt by California to dictate how businesses operate in other states.
“California has no right to tell us how to manage our businesses here in Georgia,” Carr said in a statement announcing the lawsuit. He argued that the law would force Georgia companies and consumers to bear the costs of California’s environmental policies.
According to the complaint, the California law applies not only to plastic containers but also to packaging materials that contain plastic components, including cardboard, paper, aluminum, glass, and wood. The coalition argues that because companies nationwide sell products into California, the law effectively requires businesses across the country to redesign packaging and alter production practices to comply with California standards.
The lawsuit was led by Mike Hilgers and joined by attorneys general from Alabama, Florida, Idaho, Indiana, Iowa, Louisiana, Missouri, Montana, North Dakota, Oklahoma, South Carolina, South Dakota, Texas, Utah, West Virginia, and Georgia, along with the National Association of Wholesaler-Distributors.
The states contend that the law violates both the U.S. Constitution and the California Constitution by regulating conduct outside California’s borders and improperly delegating government authority to a private organization known as the Circular Action Alliance. The lawsuit alleges that the organization has been granted broad regulatory and enforcement powers while being allowed to collect up to $500 million annually from businesses seeking access to California markets.
Supporters of the California law argue it is necessary to address growing plastic pollution and shift responsibility for waste management from taxpayers to product manufacturers. California officials have said the law is designed to reduce garbage, increase recycling, and encourage companies to develop more sustainable packaging.
Environmental groups have also challenged portions of the law, though for different reasons. Some organizations contend California weakened the final regulations during implementation and failed to fully achieve the law’s original environmental goals.
The coalition’s lawsuit seeks a court order declaring the law unconstitutional and preventing California from enforcing it. Plaintiffs argue that compliance costs will ultimately be passed on to consumers through higher prices for everyday goods, disproportionately affecting low-income households.
The case is expected to add to a growing legal debate over how far individual states can go in regulating products and business practices that have effects far beyond their own borders.
