Missouri Attorney General Hanaway Joins Multistate Effort Challenging California’s Overreaching Plastics Act

JEFFERSON CITY, Mo. – Today, Attorney General Catherine Hanaway joined a coalition of 15 states and the National Association of Wholesaler-Distributors (NAW) in challenging California’s Plastics Act to defend the interests of producers and consumers across the United States. This lawsuit intends to stop costs from being passed on to consumers, making necessities more expensive for everyone.

“The concept of state sovereignty is a foundational element of our constitution,” said Attorney General Hanaway. “California’s Plastics Act is a textbook case of government overreach. It’s a top-down mandate that burdens small businesses, raises costs for families and impacts Missouri consumers, not just Californians.”

In what can be described as unprecedented overreach, California has enacted the Plastic Pollution Prevention and Packaging Producer Responsibility Act (“the Plastics Act”), imposing extensive requirements on manufacturers, distributors, and companies that package or ship products in plastic containers or use other types of packaging materials that merely incorporate plastics. This law impacts all packaging and goes well beyond regulating plastic; it regulates aluminum, cardboard, paper, glass, and even wood. The Act conditions access to California’s markets on radical changes to packaging design, production, and waste disposal—forcing Missouri businesses to comply with California’s contrived environmental preferences.

The Plastics Act reaches far beyond California, impacting virtually every business that uses plastic packaging, regardless of state. The economic ramifications are significant. The Plastics Act’s burdensome requirements are expected to drive up prices on everyday goods, disproportionately affecting low-income Missourians.

“California is not entitled to pronounce nationwide policies,” said Eric Hoplin, President and CEO of NAW, “Because the Act extends California’s regulatory reach far beyond its borders and brings within its sweep conduct wholly unconnected to California, the Act violates principles of federalism, the horizontal separation of powers, and due process.”

The attorneys general also highlight the Act’s delegation of regulatory and enforcement powers to the unelected Circular Action Alliance, an unaccountable private organization. With minimal oversight from California, the Alliance is empowered to collect up to $500 million annually from businesses seeking access to California’s market, raising concerns about transparency and accountability. The lawsuit seeks to stop the enforcement of the Act, asking the court to declare it violates both the United States Constitution and the California Constitution.

Joining Attorney General Hanaway in the lawsuit are the attorneys general of Alabama, Florida, Georgia, Idaho, Iowa, Louisiana, Montana, Nebraska, North Dakota, Oklahoma, South Carolina, South Dakota, Texas, Utah, and West Virginia.