Jennifer Kwapisz Assesses Oregon Packaging Class Action Stay in Packaging Dive
Arnold & Porter Product Liability Litigation partner Jennifer Kwapisz was quoted in the recent Packaging Dive article, “Lollicup USA’s Oregon EPR class action at bay after NAW appeal,” discussing the pause in a class action challenging the state’s packaging extended producer responsibility (EPR) law.
Jennifer emphasized that the Ninth Circuit’s handling of the National Association of Wholesaler-Distributors (NAW) appeal could be closely tied to how the case ultimately resolves, even as companies’ compliance obligations continue. “How the U.S. Court of Appeals for the Ninth Circuit resolves the NAWD appeal will have direct implications for Lollicup and may even be dispositive. In the meantime, however, companies remain subject to their compliance obligations under Oregon’s EPR program,” she said.
Jennifer also noted that an earlier agreement limiting certain enforcement measures by the Oregon Department of Environmental Quality while the trial court decided the NAW case “appears to have expired on August 31, 2026,” and that the new filing “makes no mention of extending or renewing that agreement.”
