Litigation  |  CA, OR  |  September 14, 2026

California League of Food Producers v. Bonta, the case that produced July’s preliminary injunction against SB 343 labeling enforcement, has an early neutral evaluation set for October 28, 2026, with a joint discovery plan due October 19. Both dates come from the court’s order of August 25, 2026 (ECF 31), which denied a joint motion to vacate and moved the evaluation from September 24. Separately, the window for the National Association of Wholesaler-Distributors to notice an appeal of Judge Simon’s August 27 judgment upholding Oregon’s Recycling Modernization Act runs out around September 28, thirty days from judgment. No notice of appeal appears on the public record as of September 14; that is a search of the record rather than a docket read, so treat it as none seen rather than none filed.

What this means for you: nothing changes for you today in either state. SB 343 labeling enforcement stays enjoined against the Attorney General. Oregon’s program stays fully in force for every producer that was not an NAW member as of February 6, 2026, and Oregon fees remain due on the published schedule. Sources: Packaging Dive (September 3, 2026) and Ballard Spahr (September 2026).

Update, September 24, 2026: in CLFP v. Bonta a motion to continue was filed September 22 and an order on it entered September 23, 2026 (ECF 32, 33); the order’s terms are not yet public, so the October 19 joint discovery plan and October 28 early neutral evaluation dates may have moved (CourtListener docket 72503977, read September 24, 2026).

Update, October 7, 2026: NAW filed its notice of appeal on September 24, 2026 (ECF 209), and the Ninth Circuit docketed it on September 30 as No. 26-6404, with NAW’s opening brief due December 17, 2026 and the Director’s answering brief due January 18, 2027. Neither docket, as mirrored October 1 and 2, 2026, shows a motion for a stay.

Where this sits

This entry is part of the EPR Atlas weekly update log. Every week the Atlas checks the seven enacted states, the pending and early-stage states, the federal bills, active litigation, and agency rulemaking, then publishes what actually changed. See the full update archive or the live hub.