Coalition seeks to block California's SB 54 packaging law

A 17-state coalition, led by the National Association of Wholesaler-Distributors (NAW) as the sole business plaintiff, has filed a motion for a preliminary injunction to block California’s Plastic Pollution Prevention and Packaging Producer Responsibility Act (SB 54). The coalition is seeking to enjoin the California Department of Resources Recycling & Recovery and the Circular Action Alliance from enforcing the law while a constitutional challenge proceeds.

The plaintiffs argue that SB 54 is unconstitutionally vague under the Due Process Clause, claiming the law imposes sweeping obligations without clearly defining essential terms such as “covered material” and “recyclable.” They also contend that businesses face significant compliance costs for requirements that regulators have not yet finalized.

This legal action follows a successful bid for a preliminary injunction in Oregon regarding similar extended producer responsibility (EPR) programs. The coalition also noted that a federal judge previously blocked enforcement of California’s SB 343 recycling labeling law, arguing that SB 54 relies on similar, contested definitions of recyclability.