CEJ filed this case against the Consumer Affairs Authority and others on 20th July 2021. Plastic bags or polythene have resulted in many detrimental environmental effects, including animals choking, pollution, blockage of channels, and rivers. In 2008, an attempt was made by the government to impose an environmental conservation levy on specified items owned by consumers, specified items imported in to manufactured in Sri Lanka, and specified services provided in Sri Lanka, which are likely to harm the environment through the enactment of the Environmental Conservation Levy Act No.26 of 2008. This attempt of the government was challenged by a consumer who filed a fundamental rights application before the SC of Sri Lanka. Consumer Affairs Authority under section 10 of the Consumer Affairs Authority Act issued a directive published in the Gazette to the effect that no trader shall, at the time of selling goods, levy any charge directly or indirectly on consumers for any type of bags/wrappers issued to the consumers. Citizens have a right to be free from pollution or degradation of the environment caused by the indiscriminate use of plastic and polythene, and the right to live in a clean, wholesome environment. This case is filed seeking to formulate a proper mechanism to popularize environmental friendly packaging system, bags, lunch sheets, and alternatives to plastic and polythene.

This Fundamental case has been filed on 20th of July 2021 in the supreme court by the centre for Environmental Justice and its director and senior adviser Mr.Hemantha Withanage.

In this case ,the petitioners request from the supreme court to declare that the Fundamental Rights of the Petitioners as well as the rights of the entire citizenry guaranteed to them under Articles 12(1) of the Constitution have been infringed and/or are being continuously infringed by the action, formulate practical procedures for minimizing the manufacturing by producers and use of polythene and single-use plastics by the customers which cause severe harm to the environment and amend the existing gazettes/legislations in order to facilitate the efforts taken by Central Environment Authority and other Stakeholders, declare that failure on the part of the Respondents to update the relevant laws and formulate a practical mechanism for minimizing the excessive production and usage of polythene and single-use plastic, constitutes a violation and/or a continuous violation of fundamental rights of the Petitioners as well as the citizenry of the Republic, guaranteed to them under Article 12(1) of the constitution and the right to live in a healthy and wholesome environment, liaise with the relevant government authorities in order to formulate a proper mechanism to popularize environmental friendly packaging systems, bags, lunch sheets, and alternatives to the plastic and polythene pollutants more fully described.

In this case, both parties including the petitioner of the SCFR 368/2008 reached a settlement on 28^th of March 2024 to impose a levy on single-use shopping bags as a measure to address the critical issue of plastic pollution. Then on the same date an order was issued based on the settlement of the case. On 1st of October 2025, ASG representing the state party 1st -5th Respondents informed that, under section 10(1) (b) (2) of the Consumer Affairs Authority Act , The board of Consumer Affairs authority has decided to impose a levy on single-use polythene. The price must be indicated on the bill issued to the customer and clearly displayed in shops. The decision will come in to effect from 1st of November 2025. Proceedings terminated.

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