Wholesaler-Distributor Group Challenges Colorado’s EPR Law According to a report on Packaging Strategies , the Na- tional Association of Wholesaler-Distributors (NAW) has filed a federal lawsuit, NAW v. Ryan, challenging Colora- do’s Producer Responsibility Program for Statewide Re- cycling Act, the state’s Extended Producer Responsibility (EPR) packaging law. NAW is the sole plaintiff in this case and is represent- ed by Andrew Morris and Jacob Huebert of the New Civil Liberties Alliance (NCLA). NAW has also filed a motion for a preliminary injunction, asking the court to block enforce- ment of the law while the case proceeds. Colorado’s law authorizes the Circular Action Alliance (CAA)—a private entity with a founding board composed
World Packaging Day (CONT’D FROM PAGE 8)
designed by the renowned Brazilian designer Giovanni Vannucchi and his team. How To Participate Packaging associations, companies, academic institu- tions and professionals worldwide are invited to create local events and campaigns on or around September 6. Some ways to participate include: • Host a webinar or open house • Launch a social media campaign • Create an award or learning activity • Share packaging progress in your community Every registered initiative will be featured in the official international calendar and amplified through coordinated global communication under #WorldPackagingDay. Visit worldpackaging.org to register or learn more.
of many of the world’s largest consumer goods companies—to set and collect fees on packaging materials including glass, alu- minum, paper, cardboard, and plastic, using a fee methodology that CAA has designat- ed confidential. In its complaint, NAW argues that Colo- rado’s law violates the U.S. Constitution by: • Delegating government fee-setting au- thority to CAA, a private organization, with- out adequate standards or oversight, and stripping businesses of any ability to chal- lenge its decisions in court; a violation of the 14th Amendment’s Due Process clause • Compelling businesses to join and finan- cially support CAA as a condition of doing business in the state; a violation of the First Amendment • Prohibiting businesses from disclosing government-mandated fees to their cus- tomers; a violation of the First Amendment • Allowing CAA to use mandatory member dues to promote its own political and poli- cy positions, compelling businesses to fund speech they may not agree with; a violation of the First Amendment “This is now the third EPR lawsuit we’ve been involved with filing. While each state law has its own idiosyncratic differences, our overarching challenge remains the same,” said Eric Hoplin, President and CEO, NAW. “No state should limit interstate com- merce, nor should they delegate power to set and collect fees to a third party out- side the scope of public scrutiny. NAW and its members support the goal of a circular economy, but Colorado’s EPR law does not get us closer to advancing that goal.” Like California’s SB 54, Colorado’s law
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10 August 10, 2026
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