Extended Producer Responsibility Laws Reshape US Packaging Design

Extended Producer Responsibility (EPR) policies are poised to fundamentally alter how companies in the United States design and manage product packaging.

These "polluter pays" policies hold companies accountable for financing, and sometimes operating, the collection and recycling systems for packaging waste. The aim is to shift the burden of waste management from local taxpayers to producers. As companies incorporate these costs, they are expected to redesign packaging to reduce environmental impact.

EPR is emerging at the state level in the U.S., with seven states passing such laws since 2021. Over a dozen additional states are considering similar measures, prompting calls for policy standardization to improve compliance and effectiveness.

However, the fragmented landscape presents challenges. Conflicting goals and design standards across states can create situations where a packaging solution rewarded in one state may be penalized in another. A lack of clear consensus on what constitutes truly sustainable packaging hinders the creation of uniform and effective regulations.

Experts disagree on EPR's primary objectives, ranging from funding recycling systems to reducing environmental impacts and improving design. Fee adjustments based on design considerations, such as rewarding the use of recycled content or penalizing hard-to-recycle materials, is one approach to guide companies toward more sustainable packaging.