Canada’s plastics ban upheld as Appeal Court restores federal authority

CANADA – Canada’s Federal Court of Appeal has overturned a lower court ruling that had invalidated the federal government’s classification of plastic manufactured items as toxic under the Canadian Environmental Protection Act (CEPA), preserving the country’s single-use plastics ban.

The 30 January 2026 ruling restores the 2021 order adding plastic items to Schedule 1 of CEPA, maintaining federal measures that restrict the manufacture, import, and sale of products such as plastic checkout bags, cutlery, and foodservice ware.

The decision confirms the government’s authority to regulate plastics to reduce environmental harm and supports the national Science Assessment of Plastic Pollution, which links plastic waste to ecosystem and wildlife risks.

Environment and Climate Change Minister Julie Dabrusin welcomed the ruling, noting it provides federal authorities with tools to manage plastic production and waste, while reinforcing efforts to promote a circular economy.

The government plans continued collaboration with provinces, territories, Indigenous groups, industry, and civil society to improve plastics management and foster innovation in sustainable materials.

Industry stakeholders, including manufacturers, packaging suppliers, and waste management companies, will continue operating under the current regulatory framework, which has already prompted shifts toward alternative materials, reusable packaging systems, and redesigned products.

Analysts note the ruling keeps Canada aligned with a global trend toward single-use plastics bans and stricter plastic waste regulations.

US developments: Oregon recycling law partially upheld

Meanwhile, in the United States, a federal district court in Oregon has dismissed most claims in a challenge to the state’s Plastic Pollution and Recycling Modernization Act (RMA), while preserving two constitutional issues for trial in July 2026.

The case, brought by the National Association of Wholesaler-Distributors (NAW), alleges that the EPR law violates the Dormant Commerce Clause and the Due Process Clause by imposing disproportionate burdens on interstate commerce and procedural safeguards.

The court issued a narrow preliminary injunction pausing enforcement of the RMA against NAW members, though the law remains fully in effect for other producers of packaging, paper, and foodservice products in Oregon.

Legal experts note the outcome of the July trial could influence extended producer responsibility (EPR) programs nationwide, affecting fee structures, compliance obligations, and enforcement frameworks.

Together, the Canadian and Oregon rulings underscore the growing regulatory momentum for plastics management in North America.

Packaging and manufacturing companies must navigate evolving legal and environmental requirements, balancing compliance, innovation, and sustainability in a rapidly changing market.

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