Oregon EPR Ruling: What Do Manufacturers Need to Know?

AJ Adhesives | Week #38

Oregon EPR Ruling: What Manufacturers in Every EPR State Should Know

September 23, 2026

A federal court just made the first ruling on whether a state packaging EPR law can survive a constitutional challenge. The Oregon EPR ruling, issued August 27, 2026, upholds Oregon’s law in full. This matters well past Oregon’s borders. It is the first real test of these laws in court, and most other EPR states use the same legal setup Oregon just defended, including the same Circular Action Alliance program. Here is what happened, and what it means if you are tracking EPR compliance in any of the seven states with a packaging law.

What Happened in the Oregon EPR Ruling

A trade group sued Oregon back in 2025. The group is the National Association of Wholesaler-Distributors. It argued Oregon’s law was unconstitutional. Its main claim: the law hands too much power to a private group, the Circular Action Alliance, without enough public checks. A judge paused enforcement for the group’s members while the case went to trial.

The trial ran five days in July. The judge ruled on August 27, 2026. He rejected every claim the group made. The court found Oregon’s law does not treat out-of-state firms unfairly. It found the fee setup is not an unlawful burden on trade between states. It also found that giving program duties to the Circular Action Alliance does not break due process rules. The pause on enforcement is now lifted. Oregon’s law applies to all covered producers again.

Why the Oregon EPR Ruling Matters Beyond Oregon

This case was a test run for the rest of the country. The same trade group, and others, have raised similar claims against California’s law. A separate suit challenges Colorado’s program on related grounds. Those cases are still open. But the Oregon EPR ruling sends a clear signal. A federal court took a hard look at these core legal claims and turned them down.

The Circular Action Alliance runs the program in six of the seven EPR states, not just Oregon. If the court had struck down Oregon’s setup, it would have cast doubt on every program built the same way. That did not happen. For now, the legal ground under most state EPR programs looks firmer than it did in early 2026.

What Still Isn’t Settled

This ruling does not end the legal fights. The trade group has until the end of September 2026 to appeal. A separate class action in Oregon, filed on behalf of non-member firms, is still open. California’s suit, filed by 17 states, raises its own claims and has not been decided. None of these cases have paused reporting or fee deadlines while they play out.

What This Means for Your Compliance Timeline

The safest plan right now is to treat these laws as durable. Waiting on a lawsuit to settle your duties for you is a risky bet. Courts have shown they will back this legal setup, and no pending suit has stopped an active deadline.

If your firm has not yet confirmed whether it counts as a producer under each state’s rule, start there. If you are already registered, keep your reports current. Do not treat a lawsuit as a reason to pause. Our earlier post on packaging EPR laws walks through each state’s status and deadlines in more depth.

Where Adhesive and Packaging Choices Still Matter

None of this changes the design question at the heart of these laws. States still tie fees to how easy a package is to recycle, and adhesive choice still plays a role in that score. If you have not reviewed how your bonding materials affect that picture, our post on sustainable adhesive technology covers what to look for.

If you want help pulling together records on the adhesives you use, AJ Adhesives can help. Call (314) 652-4583 or email info@ajadhesives.com to talk through EPR regulations for your operation.

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Call: (314) 652-4583 | Email: info@ajadhesives.com

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