State AG Letters Highlight Antitrust And Consumer Protection Risks Of Collaborative ESG Efforts

On February 10, 2026, a coalition of ten state Attorneys General, led by Florida Attorney General James Uthemeier (the AGs), issued warning letters to nearly 80 corporations associated with the U.S. Plastics Pact, the Consumer Goods Forum, and the Sustainable Packaging Coalition. According to the AGs, the companies' adoption of policies promoted by these organizations amounts to "collective action" and "coordinated practices" intended to reduce the use of certain plastics in consumer goods and packaging. The AGs characterize these efforts as a series of agreements among competitors that may reduce economic output and competition, increase prices, and mislead the public, potentially in violation of federal and state antitrust and consumer protection laws. The letters state that the companies "should reasonably anticipate" further investigation, and advise them to preserve relevant documents and information. In closing, the AGs ask the companies to reply in writing with