State Extended Producer Laws Relating to Packaging for Consumer Products: General Features and Upcoming Compliance Deadlines

Over the past several years, five states have enacted “extended producer responsibility” (“EPR”) laws that identify “producers” of single-use packaging across various industries and assign financial and managerial responsibility to such producers for the local waste disposal efforts associated with this packaging.

Companies in the consumer packaged goods industry should develop strategies to comply with these EPR laws. Colorado and Oregon already have compliance deadlines in effect where failure to comply could lead to financial penalties. Additional compliance deadlines in Colorado and California are scheduled for the summer of 2025.

While each law is different and is at varying stages of implementation, this client alert describes the general contours of state EPR regimes as they impact consumer-facing as well as business-to-business packaging.

What is EPR?

EPR laws have existed for years in many states and cover a variety of products and industries. In addition to its more recently passed law governing packaging, California, for instance, has managed EPR programs for batteries, pharmaceuticals, mattresses, carpets, textiles, and paint.[1] EPR laws seek to hold producers responsible for the environmental impacts of such products beyond the manufacturing stage.

EPR laws generally impose financial responsibility on producers, which is calculated according to a data collection system. Generally speaking, these EPR programs seek to collect data regarding how much of the regulated product (e.g., covered packaging) is sold into the state, and then impose costs on producers of those products tied to the relevant quantity.

General Overview of Packaging EPR Laws

EPR packaging laws are intended to shift the responsibility of paying for recycling services from the household or municipality to the producers of disposable packaging. When producers of products contained in packaging sell their products, those producers pay corresponding fees intended to fund recycling services. Those fees are paid to a Producer Responsibility Organization (“PRO”), which is the centralized entity responsible for managing producer compliance with a state’s EPR law. Circular Action Alliance (“CAA”), founded in 2022, is the designated PRO in each state that has so far selected its organization, namely Oregon, Colorado, California, and Minnesota.[2] 

Upon receiving fees from producer members, the PRO reimburses municipalities for the recycling services provided in the community. In certain cases, the laws may assign the PRO responsibility for collecting and recycling items.

The key features of EPR laws include (1) the definition of covered materials/products within the law’s scope; (2) the definition of the responsible party or “producer;” and (3) compliance obligations and potential penalties. Each law has different formulations and exemptions, so it is important to individually review the implications for your business in each state.

In general terms, however, the laws take similar approaches. Covered materials/products typically include packaging (glass, plastic, paper, etc.), as well as single-use foodservice items. Some of the laws also regulate paper products like magazines and printing or writing paper. The definition of covered products as well as the definition of producers often comes with exemptions in each state’s law. For instance, states often exclude certain packaging when it pertains to federally regulated products like drugs and medical devices. Each EPR law contains exemptions for small producers, which are defined differently state-by-state. Additional producer exemptions also vary under each law.

Producers with responsibilities under the EPR laws often include brand owners, licensees, importers, and distributors. The laws assign producer obligations according to a designated hierarchy. When covered materials are sold or distributed within the relevant state, producers are subject to EPR obligations in order of who is first listed. For instance, in Colorado, the first potential producer of products using packaging material is “[t]he brand owner of the product directing or performing the manufacturing of the packaging material used for the product.”[3]  If that category does not apply, the regulations next name the brand or trademark licensee as the obligated producer, followed by the manufacturer of the product, followed by the importer of the product into the U.S.[4] All of the EPR laws follow this general framework and prioritization scheme.

Finally, each law typically requires producers to initially register with the state and/or PRO by a given date. Each law then generally imposes a final compliance deadline upon which a producer may not sell covered products in or into the state unless that producer belongs to a PRO. Joining a PRO means that producers typically have obligations to report relevant data and pay fees to the PRO. There may be other requirements as well such as meeting reduction targets or engaging community stakeholders.

Penalties for noncompliance with EPR vary by state. The maximum penalties can be thousands or tens of thousands of dollars either levied per day, or per day per violation.

As depicted below in the “State Summary Table,” producers in Colorado had to register in October 2024, and in Oregon, the registration and reporting deadline was March 31, 2025. The next producer deadlines are for Colorado and California in summer of 2025.

State Summary Table

Table Notes: Content in italics represents information from not-yet-finalized regulations.

“PRO”: Producer responsibility organization. “SO”: Stewardship organization

Legal Challenges and Federal Action

To date, we have not seen lawsuits challenging the packaging EPR laws in the above states.[26] 

Although five states have passed EPR laws pertaining to packaging, and ten states have introduced legislation thus far in 2025,[27] Congress has not yet passed legislation that would preempt these state initiatives. In the 118^th Congress, Senator Jeff Merkley (D-OR) introduced a federal EPR packaging law, but it never left the Senate Committee on Environment and Public Works.[28]

Next Steps

Businesses operating in the food and consumer packaged goods industries, including those selling products to other businesses, should consider whether these state EPR laws apply. Especially given certain states’ existing deadlines—with more deadlines soon approaching—and potentially steep penalties, companies should promptly understand and comply with any producer obligations they may have.

If you have any questions concerning the material discussed in this client alert, please contact the members of our Environmental practice.