State Attorneys General Challenge Recycling Initiatives Over Antitrust And Consumer Protection Concerns

At the end of October, the attorneys general of five states—Florida, Texas, Iowa, Nebraska and Montana—issued letters to three pro-recycling organizations raising concerns that the groups' recycling initiatives may violate state and federal antitrust and consumer protection laws. These three organizations—the Consumer Goods Forum, the Green Blue Institute, and the U.S. Plastics Pact—have worked to align major corporations on recyclability guidelines and product designs that support sustainability, including efforts to define what is "recyclable." The state attorneys general argue that these efforts have resulted in inconsistent packaging standards and increased prices.

The attorneys general expressed "collective concern" that the proposed guidelines may violate the Sherman Act's prohibitions on anticompetitive business practices by ensuring as many stakeholders as possible, across entire markets, engage in compelled collaboration efforts that would not otherwise