Washington, D.C. (January 19, 2026) — The National Association of Wholesaler-Distributors (NAW) filed its response opposing Oregon’s motion to dismiss and reply in support of its request for a preliminary injunction, explaining that the State’s own arguments confirm the deep constitutional flaws of Oregon’s Plastic Pollution Recycling and Modernization Act.

Oregon’s packaging law is unprecedented in both scope and structure, affecting virtually every product sold or distributed in commerce while delegating core regulatory functions—rate setting, fee assessments, and system cost determinations—to a single private entity, Circular Action Alliance (CAA). NAW members are forced to join CAA as a condition of operating in Oregon, even though CAA is controlled by a small group of large companies subject to the law, giving them power to regulate competitors and refer them to the state for enforcement.Oregon does not dispute that the program fees are imposed retroactively and frequently exceed product margins. Nor does it dispute that neither the public nor CAA’s broader membership had any opportunity to review or comment on CAA’s confidential fee-setting methodology. The result is an intentionally opaque system that violates Due Process, the Dormant Commerce Clause, and the Constitution’s prohibition on conditioning the right to do business on submission to a non-negotiable contract with an unaccountable private entity.

“Oregon is attempting to build a statewide recycling system by granting vast authority to a private entity to impose what amount to hidden taxes on businesses and consumers,” said Brian Wild, Chief Government Relations Officer. “This law raises prices, shields decision-making from scrutiny, and advantages large, vertically integrated companies at the expense of smaller competitors.”

NAW has asked the Court to pause all obligations under the Act, including reporting and payment requirements, pending final resolution of the case. NAW members face imminent and irreparable harm, including unrecoverable compliance costs, competitive distortions, and the threat of substantial civil penalties.

About NAW
The National Association of Wholesaler-Distributors (NAW) is one of America’s leading trade associations, representing the $8.2 trillion wholesale distribution industry. Founded in 1946, NAW includes national, regional, and state employers of all sizes, as well as industry trade associations and stakeholders across every distribution sector. The industry employs over 6 million workers nationwide and accounts for nearly one-third of U.S. GDP. Learn more at www.naw.org.

Media Contact: Meghan Cieslak, [email protected]