Trade groups challenge Oregon’s EPR over glass fees
The Distilled Spirits Council of the US (Discus) is urging a court to review Oregon’s Extended Producer Responsibility (EPR) scheme for ‘unfairly’ imposing high glass costs for producers.
Trade bodies Discus and Wine Institute filed a legal document with the Portland division of Oregon’s District Court as part of a lawsuit between the National Association of Wholesaler-Distributors, and Leah Feldon, director of Oregon’s Department of Environmental Quality (DEQ). The trial commenced yesterday (13 July).
The trade groups have voiced their concerns over Oregon’s EPR programme, claiming it ‘penalises glass packaging, disproportionately burdens wine and spirits producers, and violates the Commerce Clause’.
Introduced in July 2022, the state’s EPR scheme charges producers fees based on packaging weight, meaning glass will have a higher charge than plastic containers.
The filing explains that a standard 750ml glass bottle for wine or spirits faces fees more than eight times higher than a plastic bottle of the same size, despite glass being highly recycled, particularly in Oregon.
“Wine and spirits producers support meaningful recycling and sustainability policies, but those policies must be fair, workable and grounded in how these products are actually made, packaged and sold,” said Discus chief legal officer Courtney Armour.
“Oregon’s current approach places a disproportionate burden on products packaged in glass, even as glass has long been one of the state’s recycling success stories.”
Discus and Wine Institute also argue the scheme goes against the Commerce Clause as many distilleries and wineries outside of Oregon would have to pay the full cost of the programme. There are currently exemptions for many local small producers covered under Oregon’s Bottle Bill.
The trade bodies also pointed out it would be challenging for producers to make price adjustments on a state-by-state basis, meaning manufacturers may decide to pass increased costs to consumers across the country, rather than only in Oregon.
According to Discus and Wine Institute, Oregon’s DEQ has acknowledged concerns regarding the treatment of glass under the state’s EPR programme. In 2026, the DEQ explored options for cutting costs for glass producers while maintaining Oregon’s successful glass collection and recycling system.
Oregon became the first state to fully implement a packaging EPR programme, while California, Colorado, Maine, Maryland, Minnesota and Washington have also enacted similar laws. Separately, a coalition of 17 state attorneys general has filed a federal lawsuit challenging California’s EPR law.
Across the Pond, the UK introduced its EPR scheme in April 2025, however it has faced criticism from trade groups and major spirits producers.
In other Oregon news, Diageo recently closed the Aviation Gin visitor centre in Portland just three years after opening the site.
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