New Class Action Takes Aim At Oregon’s Packaging EPR Program, While Trade Association Challenge Gears Up For Trial

As litigation by a trade association challenging Oregon’s packaging extended producer responsibility (EPR) program gears up for trial this month, a producer has filed a new federal class action seeking to invalidate the program. On June 25, 2026, Lollicup USA, Inc., a Texas-based food serviceware manufacturer, filed the putative class action, Lollicup USA, Inc. v. Feldon, in Oregon District Court against the Director of the Oregon Department of Environmental Quality (DEQ). The lawsuit seeks to bar enforcement of the Oregon EPR law and its implementing regulations against a class of producers left unprotected by the preliminary injunction entered in February 2026 in the more advanced trade association lawsuit, National Association of Wholesaler-Distributors (NAW) v. Feldon, which is set for trial on July 13, 2026.