Distilled Spirits Council and Wine Institute File Amicus Brief Challenging Oregon EPR Law’s Disproportionate Impact on Wine and Spirits Producers

Trial begins today in Oregon extended producer responsibility lawsuit

WASHINGTON — The Distilled Spirits Council of the United States (DISCUS) and Wine Institute filed an amicus brief in the National Association of Wholesaler Distributors v. Feldon case, raising serious concerns that Oregon’s Extended Producer Responsibility (EPR) program penalizes glass packaging, disproportionately burdens wine and spirits producers, and violates the Commerce Clause. The trial for the case begins today.

Under Oregon’s EPR program, which began implementation in July 2025, producer fees are largely driven by packaging weight. Because glass bottles are heavier than plastic containers, the brief notes that a standard 750-milliliter glass bottle for wine or spirits can face fees more than eight times higher than a plastic bottle of the same size, despite glass being very recyclable and highly recycled, especially 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.”

The brief explains that wine and spirits are overwhelmingly packaged in glass because it protects product quality, supports safe transportation and aligns with consumer expectations.

The associations warned that the cost burdens of Oregon’s EPR program may extend beyond the state in violation of the Commerce Clause. Oregon’s small producer and bottle bill exemptions will apply to most in-state producers while leaving many out-of-state wine and spirits producers subject to the full costs of the EPR program.

Additionally, wine and spirits are sold through regulated interstate distribution systems, and producers often cannot adjust prices only for a single state, meaning EPR costs imposed in Oregon may ultimately be spread across consumers in other states.

“Stewardship has long been central to California wine, from how we care for the land to how we package what we make,” said Wine Institute General Counsel Justin McGuirk. “We support the intent of Oregon’s recycling efforts, but the current approach creates the wrong incentive for a highly recyclable material that is essential to wine quality and places a disproportionate burden on producers who cannot adjust pricing state by state.”

Oregon’s Department of Environmental Quality has acknowledged concerns regarding the treatment of glass under the state’s EPR program. In 2026, the Oregon Department of Environmental Quality convened a technical workgroup to examine options for reducing costs on glass producers while maintaining Oregon’s successful glass collection and recycling system.

Wine Institute and DISCUS said they will continue advocating for EPR policies that improve recycling outcomes while treating packaging materials fairly, recognizing the role glass already plays in Oregon’s recycling system and avoiding unintended consequences that increase costs for producers and consumers.

Oregon’s Plastic Pollution and Recycling Modernization Act was passed in 2021 and created the state’s EPR program. Oregon is the first state to fully implement a packaging EPR program. Six other states also have EPR laws including California, Colorado, Maine, Minnesota, Maryland and Washington. Seventeen state attorneys general have filed a federal lawsuit challenging California’s EPR law (State of Nebraska et al. v. Heller et al., Case No. 2:26-at-01047, E.D. Cal.).

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About Wine Institute
Established in 1934, Wine Institute is the leading public policy advocacy organization for nearly 1,000 California wineries and affiliated businesses. It works at the state, federal and international levels to advance policies that support the responsible production, consumption and enjoyment of wine. Its members account for more than 80% of the nation’s wine production and more than 95% of U.S. wine exports.

About DISCUS
The Distilled Spirits Council of the United States is the leading voice and advocate for distilled spirits in the U.S., advocating on legislative, regulatory and public affairs issues impacting the distilled spirits sector at the local, state, federal and international levels. DISCUS members are committed to responsibility and encourage adults who drink to do so in moderation.