Attorney General Ken Paxton is challenging California’s Plastics Act, arguing it imposes burdensome regulations on companies doing business with California and will increase the cost of everyday American products.
The lawsuit, which Paxton joined alongside the National Association of Wholesaler-Distributors and 16 additional attorneys general, calls the California law a “blatant and unprecedented attempt to impose its own policy preferences on the entire nation” and argues that it infringes on the sovereignty of other states.
Implemented May 1, “the Plastics Act” places new requirements on goods containing plastic shipped into and out of California, affecting both producers and consumers nationwide.
The act forces companies that sell products in the state to reduce single‑use plastic packaging, make it recyclable or compostable, and help pay for recycling and cleanup. It does this through strict reduction and recycling targets by 2032 and an extended producer responsibility program that shifts costs from taxpayers to packaging producers.
Paxton’s office expressed alarm that the regulations and fees will drive up prices for everyday goods and discriminate against out-of-state businesses.
“I am challenging California’s Plastics Act to protect businesses from unnecessary regulations and Texans from higher costs on the products they use every day,” said Paxton. “Texas has always been a place where businesses can thrive, and I will ensure it remains that way. I will not allow California lawmakers to harm Texas businesses.”
The lawsuit further challenges California’s decision to place the private organization Circular Action Alliance in charge of implementing the law.
According to the complaint, the CAA would collect roughly $500 million annually from businesses while operating with little public oversight or transparency.
A similar challenge to Oregon’s packaging law, also filed by the National Association of Wholesaler-Distributors, already prompted a federal judge to block enforcement there, a ruling the plaintiffs will likely point to as a roadmap for this case.