Benesch Partner Kevin Frankel Featured in Plastics Today on Constitutional Challenges to California’s Packaging Law

Plastics Today recently quoted Kevin Frankel, a partner at Benesch and lead of the firm’s State Attorneys General Practice Group, in the article, “Legal Expert Explains Constitutional Flaws in California Plastics Law.” The article examines a lawsuit brought by 17 state attorneys general challenging California’s Plastic Pollution Prevention and Packaging Producer Responsibility Act (SB 54), arguing that the law improperly extends California’s regulatory authority beyond its borders and imposes significant compliance burdens on businesses nationwide.

Throughout the article, Frankel provides extensive legal analysis of the constitutional and regulatory issues at the center of the dispute. He explains that the states’ primary argument is that SB 54 violates the dormant Commerce Clause by effectively forcing out-of-state companies to redesign packaging, alter supply chains and comply with California’s regulatory framework. Frankel also discusses the law’s potential impact on manufacturers, the role of the Circular Action Alliance in administering the program, possible judicial outcomes and the broader implications the case could have for state environmental and extended producer responsibility laws across the country.