The May 31 reporting deadline has come and gone — but that’s far from the end of the story. Over the past month and a half, packaging EPR laws across seven states have been hit with a wave of litigation, and the first-ever packaging EPR trial in US history opened just four days ago, on July 13, 2026. If you import packaged goods from China into the US, this piece covers what’s actually happening right now, why the future of this system is genuinely uncertain, and what to do about it.
1. The May 31 deadline has passed — but plenty of companies still missed it
Industry reporting from early July states plainly: “many companies may still be behind on a May 31 deadline.” If that’s you, the move now isn’t to assume it’s too late — it’s to file the missing report immediately. Enforcement across most states remains in an early stage (Oregon is the only state that has begun formal enforcement and published a noncompliance list), so acting now still puts you in a better position than waiting.
2. The real news: the EPR system itself is now fighting for its survival in court
This is what’s genuinely worth understanding right now — over the past few weeks, lawsuits against EPR laws have piled up rapidly, spanning Oregon, Colorado, and California, brought by industry associations, environmental groups, and even state attorneys general.
- Oregon: in February 2026, a federal judge issued a preliminary injunction pausing enforcement of Oregon’s EPR law for members of the National Association of Wholesaler-Distributors (NAW). The first packaging EPR trial in US history opened on July 13, 2026 (four days before this writing), with the director of Oregon’s Department of Environmental Quality as defendant. A ruling isn’t expected until later this year.
- Colorado: in March 2026, the Independent Lubricant Manufacturers Association sued over implementation of Colorado’s EPR law.
- California: the situation here is the most complex — on one side, environmental groups (NRDC, Oceana, and others) sued CalRecycle on June 2, 2026, arguing the final implementing regulations are “too weak” and don’t match the law’s original intent; on the other side, a coalition of 17 states plus NAW filed a separate federal lawsuit on June 22, 2026, challenging California’s SB 54 program entirely — meaning California’s EPR system is being sued simultaneously for being “too lenient” and “too aggressive.” On July 1, industry groups including the American Chemistry Council moved to intervene in that case.
3. What this means for you: the final shape of this system hasn’t been settled yet
The outcome of these lawsuits could materially reshape how this system is ultimately enforced — or whether parts of it get struck down or significantly revised — this matters especially as California’s full program launch approaches in January 2027.
This doesn’t mean you can ignore EPR entirely — every law on the books remains legally valid right now, and Oregon is already actively enforcing. But it’s a genuine reminder: before making a major investment in packaging redesign or paying substantial fees, it’s worth continuing to track how these lawsuits develop — the rules could still shift, and parts could be paused. Overcommitting to a set of requirements that might change isn’t necessarily the optimal strategy right now.
4. What to do now
- If you missed the May 31 report, file it immediately — don’t skip it just because you’re already late.
- Keep tracking the litigation in all three states — the Oregon trial’s outcome in particular could influence how other states approach enforcement.
- California’s SB 343 (a related recyclability-labeling law) has its own separate enforcement date — starting October 4, 2026, packaging that doesn’t meet California’s recyclability criteria can no longer use the “chasing arrows” recycling symbol; this is also facing a federal court challenge and worth tracking independently.
- Continue registering through the Circular Action Alliance (CAA) for states where it applies — this remains the shared official registration channel for most states.
The bottom line
The May 31 reporting deadline has passed, but the EPR system itself is now caught in a litigation wave that could decide its fate — Oregon’s first trial just opened, California is being sued from two opposite directions at once, and Colorado has its own case underway. The final shape of this system isn’t settled. That’s neither a reason to ignore it entirely nor a reason to overinvest immediately — the rational move right now is to catch up on any missed reporting, keep watching how the litigation unfolds, and hold off on major packaging strategy shifts until the picture clarifies further.
Details reflect litigation and regulatory status in Oregon, Colorado, and California as of mid-July 2026, including the Oregon trial that opened July 13, 2026. This is a rapidly evolving legal landscape — verify current status against the Circular Action Alliance (circularactionalliance.org) and individual state regulatory agencies, and monitor court dockets for developments, before making compliance decisions. General guidance, not legal advice.