The packaging policy landscape is evolving faster than ever, making it increasingly vital to stay informed on current and impending legislation and regulations. This quick guide should help you start 2025 focused on the most important packaging policies in the United States. Since legislation changes rapidly making updates like these quickly out-of-date we encourage you to consider joining AMERIPEN for weekly updates on sustainability and state and federal packaging policy.
This article focuses on Packaging Extended Producer Responsibility (EPR), Source Reduction, Chemicals in Packaging, Recycled Content Mandates, and Claims and Labeling.
1. Packaging EPR
Extended Producer Responsibility (EPR) requires packaging producers and brands to take financial or operational responsibility for the end-of-life management of their products. This policy incentivizes the design of sustainable packaging and is intended to help fund recycling, composting and, in some cases, reuse infrastructure. In 2025, Colorado and Oregon will be the first two states to implement EPR laws – producers and brands must be prepared to comply with guidelines!
Producers/brand must be compliant:
July 2025: Colorado, Oregon
Fall 2026: Maine
January 2027: California
January 2029: Minnesota
Needs Assessment:
Illinois, Maryland, New York
2. Source Reduction
Policies targeting packaging source reduction aim to reduce or minimize the production and use of single-use packaging. This may involve bans, weight reduction targets, or promoting alternatives.
California's EPR law includes specific source reduction requirements for plastic packaging.
Several other states are also now considering source reduction requirements through legislation:
Connecticut, Hawaii, Massachusetts, Minnesota, New Jersey, New York, Washington
3. Chemicals in Packaging
Legislation regulating chemicals in packaging focuses on restricting harmful substances like PFAS, heavy metals, or other toxic chemicals. These policies are intended to protect consumer health and environmental safety.
Chemicals in Packaging Laws
California, Connecticut, Colorado, Hawaii, Maine, Minnesota, New Jersey, New York, Rhode Island, Vermont, Washington
4. Recycled Content Mandates
Recycled content mandates require specific percentages of post-consumer recycled materials in packaging. These regulations aim to boost demand for recycled materials and reduce virgin material use. Legislation on recycled content includes a wide range of materials and targets vary widely amongst states.
Recycled Content Laws:
California, Connecticut, Maine, New Jersey, Washington
5. Claims and Labeling
Clear and accurate labeling of packaging recyclability and compostability is becoming a legislative focus. Misleading claims can result in penalties. Brands must verify that their packaging meets established standards and ensure their labeling is transparent, helping consumers properly dispose of packaging. In an attempt to reduce consumer confusion, states are introducing legislation to define how claims and labels can be used. These current approaches are creating conflict between state law and federal guidance which could inadvertently result in greater consumer confusion.
Make sure to study up on labeling schemes such as How2Recycle, Smart Label, and Compostability Certification, managed by our peers at GreenBlue, the Consumer Brands Association, and BPI, respectively.
Possible Updates to FTC (Federal Trade Commission) Green Guides Expected Soon.
Compostable Claims:
California, Colorado, Minnesota, Oregon, Washington
Recyclable Claims:
California
Thank you for your interest in and passion for packaging policy. We believe that thoughtful packaging and evidence-based policy is a vital strategy for environmental sustainability. Success for all – consumers, legislators, producers, and brands – is only possible through collaborative solutions. To keep informed and proactively engaged in policy development, join AMERIPEN, the only material-inclusive packaging association focused on policy.