NAW Challenges (CONT’D FROM PAGE 38)
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under CAA’s mandatory contract. NAW argues this dele- gation violates the Due Process Clause. Furthermore, the court’s ruling cites figures showing CAA collected $145.5 million from producers and spent $56.5 million, leaving al- most $90 million in excess funds. “These laws leave distributors with three terrible op- tions,” said Brian Wild, Chief Government Relations Offi- cer, NAW. “They can absorb fees they can’t afford on their already slim 3–5 percent margins, they can pass costs on to customers, or they can just stop selling into EPR states. Every one of those options raises costs for Americans.” NAW filed suit in July 2025. In February 2026, the dis- trict court granted NAW members a preliminary injunction, the first time a court blocked enforcement of a state EPR law. The July 2026 trial was the first federal trial in the country to test an EPR law’s constitutionality. NAW is also the sole business plaintiff in a 17-state coa- lition challenging California’s EPR law, and has filed a sep- In July 2026, the National Association of Wholesal- er-Distributors (NAW) filed a federal lawsuit challenging Colorado's Extended Producer Responsibility (EPR) law, along with a motion for preliminary injunction while the case proceeds. Colorado filed a response opposing that motion. On September 28, 2026, NAW filed its reply. NAW's reply argues that Colorado hasn't answered NAW's main constitutional arguments, and that its defense rests on two weak claims: • Colorado claims joining the Circular Action Alliance (CAA) is voluntary. It isn't. Colorado's EPR law requires companies to join CAA as a condition of selling in the state. • Colorado claims its Department of Public Health and Environment controls CAA. The department doesn't provide the constitutionally required oversight for a pri- vate organization to leverage government power. NAW says its reply also highlights several arguments Colorado has not addressed: • Colorado doesn't dispute that it could reach its recy- cling goals with less burden on interstate commerce. • Colorado's law bans businesses from listing EPR fees on their invoices. Courts have already ruled that bans like this regulate speech, and Colorado can't distin- guish those decisions. arate challenge to Colorado’s EPR law. NAW Challenges Colorado EPR Law • The law forces businesses to join and pay into CAA. Colorado hasn't identified a compelling state interest to justify that requirement. “Distributors don't design the packaging of the prod- ucts they sell, and they have no control over any state's recycling and waste management programs,” NAW said in a statement. “Yet Colorado's EPR law treats some distrib- utors as if they control both. EPR fees won't change how products are packaged or disposed of; it will only raise the cost of doing business.”
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SUN Automation Group is a global leader in innovative solu- tions for the corrugated industry. SUN engineers and builds the SUN625HD Rotary Die Cutter and provides sales, ser- vice and support for Latitude Machinery Corporation (LMC) across North and Central America, the UK and Ireland. SUN also represents PARA Machinery’s material handling solu- tions and partners with Kolbus and Elitron to deliver ad- vanced corrugated converting and digital finishing technol- ogies. SUN powers Helios, an OEM-agnostic IIoT platform, and provides comprehensive parts, service, upgrades and technical support to corrugated operations worldwide. THACKER INDUSTRIAL SERVICE COMPANY www.thackerindustrial.com Specializing in corrugated machinery, T.I.S.CO. offers quali- ty-made products, support services, and more. T.I.S.CO. has a reputation of dependability, not only in the product, but in service and support. With more than 25 years’ experience, T.I.S.CO. installs equipment and machinery, moves or sets up entire plants, rewires and rebuilds - all over the world. VT GROUP www.vtgrouponline.com VT offers prepress services for the POP display and corru- gated shipping container industry including graphic design, optimized digitally imaged printing plates and innovative pre-mounting solutions. Our large-format digital printing fa- cility (Digital Impact) is a leading short-run manufacturer of distinctive POP displays and signage where litho-like graph-
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40 October 12, 2026
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