Republican AGs Warn Corporations on Plastics Collective Action Risks

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  • Florida AG James Uthmeier led a group of 10 Republican AGs in sending a notice letter to nearly 80 corporations associated with plastics and packaging advocacy organizations, warning that their participation could raise concerns under Section 1 of the Sherman Act and state consumer protection laws.
  • In the letter, the AGs argue that the U.S. Plastics Pact, the Consumer Goods Forum, and the Sustainable Packaging Coalition allegedly pressure member companies into adopting uniform packaging and recyclability “targets” and other coordinated practices that could artificially alter output and product quality, reduce competition, and limit consumer choice.
  • The AGs urge each recipient to preserve relevant documents and provide a written response, with supporting materials, explaining the legal basis for why its membership or coordination with these organizations does not violate antitrust or consumer protection laws. They also warn that the AGs may seek additional information through subpoenas or other compulsory process.
  • As previously reported, this outreach to companies follows the same AG group’s earlier letters to the sustainability and recycling organizations themselves.
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