The war on litter caused by disposable packaging received a boost recently when the United States Supreme Court overturned a decision by the Minnesota Supreme Court¹ that had invalidated the state's prohibition against the sale of milk products in nonreturnable plastic containers. In Minnesota v. Clover Leaf Creamery Co.,² the Court found that the legislative classification distinguishing between plastic and nonplastic containers was rationally related to the achievement of the state's goals of improved solid waste management and energy and resource conservation and thus did not violate the Equal Protection Clause.³ Although, the case turned on an equal protection analysis, unusual in challenges to packaging laws, the Court upheld the statute on Commerce Clause⁴ grounds as well.

Clover Leaf Creamery is the Supreme Court's first treatment of a state law regulating beverage containers. Although the facts of the case may limit the application of the decision in instances involving other packaging statutes, the Court's approach permits cautious speculation that similar legislation, if carefully crafted, may well pass constitutional muster.