Attorney General James Uthmeier is leading a coalition of attorneys general from Texas, Iowa, Nebraska, and Montana in an inquiry into whether several environmental organizations have coordinated with major corporations in ways that violate state and federal antitrust laws.
In letters dated Oct. 29, the coalition accused the U.S. Plastics Pact, the Consumer Goods Forum, and the Green Blue Institute’s Sustainable Packaging Coalition of organizing large-scale business conduct that could unlawfully restrain trade.
The attorneys general claim in the letters that by jointly dictating standards for plastic production, packaging, and recycling, the groups may be driving “systemwide changes” in the marketplace that restrict competition, reduce product quality, and increase consumer costs.
“Radical environmental activists do not have the right, nor the avenue, to suppress business operations in our market,” said Uthmeier. “We have reason to believe that the policies of the Consumer Goods Forum, the Green Blue Institute, and the U.S. Plastics Pact are hindering states’ economic prosperity by coordinating business behavior, which would constitute violations of Florida’s antitrust laws. We will not allow these activist organizations to push misguided policies that can’t win at the ballot box and inflate prices for Florida consumers.”
The letter to the U.S. Plastics Pact focuses on the organization’s “Roadmap to 2025,” which requires member companies to meet four central goals: eliminating problematic plastics, ensuring all packaging is recyclable or compostable, recycling or composting 50 percent of plastic packaging, and incorporating 30 percent recycled or biobased content in products. The attorneys general argue that such uniform targets could artificially alter output and quality across industries, violating prohibitions on agreements not to compete.
A similar letter to the Consumer Goods Forum raises concerns about the group’s “Coalition of Action on Plastic Waste,” which promotes its “Golden Design Rules” for packaging and seeks to align corporate members on circular economy principles and extended producer responsibility policies. The coalition asserts that these efforts represent coordinated market behavior rather than independent business decisions.
The letter to the Green Blue Institute’s Sustainable Packaging Coalition echoes those concerns, noting the group’s stated goal of “harnessing the power of industry” to drive new packaging strategies across the “entire value chain.” The attorneys general said this type of collaboration may constitute an “agreement to make a product of inferior quality,” which courts have recognized as an unlawful output restriction.
The attorneys general requested responses and supporting documents explaining how each organization’s activities comply with competition and consumer protection laws.
