Collective Action Or Collusion? Regulators Target Industry Initiatives

Federal and state regulators have intensified scrutiny of collaborative industry initiatives designed to address sustainability commitments. A series of enforcement actions, warning letters, and litigation assert that these initiatives violate the antitrust laws.

But while the chorus of warnings has grown louder, the facts and law may not be on the enforcers' side. Understanding the distinction between legitimate collective action and unlawful collusion is critical for companies and associations navigating this evolving landscape.

Recent Enforcement Activities

A coalition of 10 state attorneys general, led by Florida, issued warning letters on February 10 to approximately 80 companies, asserting that participation in the US Plastics Pact, Consumer Goods Forum, and Sustainable Packaging Coalition may expose companies to antitrust liability. The letters escalate earlier correspondence sent to the coalition organizations in October 2025 and also raise