What’s on the Radar for Flexible Packaging Policy in 2026?
With growing interest in various approaches to packaging regulation, developments in state packaging policies continue to unfold. Below are some key issues shaping the future of packaging. (Note: A companion article about reforms and challenges to existing laws was published online earlier this year at flexpackvoice.com).
New legislation
New York extended producer responsibility (EPR): New York is shaping up to be 2026’s marquee EPR battleground. The debate is focused around S. 1464/A. 1749, which would create the most restrictive and unworkable EPR law in the country. These bills mandate a 30% source reduction requirement and a two-year recyclability mandate for packaging. In May 2025, S. 1464 passed the Senate, but A. 1749 failed to pass the Assembly in a down-to-the-wire legislative fight in June. In 2026, the key question seems to be whether the environmental community will consider a compromise or whether the ongoing concerns of the state and national business communities will continue to prevent these flawed bills from passing.
New Jersey reintroduces EPR: 2026 marked the beginning of a new legislative session in New Jersey, where old ideas were reintroduced. This year, S. 614 would give the producer responsibility organization (PRO) wide latitude to develop a program to fund recycling. However, the PRO must meet performance goals, including 75% post-consumer content by 2027. Packaging also must be readily recyclable or compostable by 2030, and all single-use plastic packaging must be reduced by at least 25% by 2030.
Additionally, S. 673/A. 3744 mirrors flawed EPR bills from 2024–25 that would set a 50% source-reduction mandate and require packaging to be compostable or recyclable by 2034. A 65% recycling rate would need to be achieved by 2036. The legislation would also create a reduction and recycling fund using revenues from new surcharges on producers, capped at $120 million annually.
New York labeling bills continue: In New York, packaging recyclability labeling bills from 2025 continue moving. S. 420 would establish guidelines for truthful recyclability labeling. It would also mandate the use of resin identification codes on rigid plastic bottles and containers. By 2027, the state would be required to develop regulations defining recyclable materials and to publish a list of approved materials, which would be updated at least every three years. S. 420 has moved forward and could be poised for passage this year. An Assembly companion bill, A. 6671, was introduced in 2025 and remains in play, too.
Oklahoma labeling bill introduced: HB 4068 would make it illegal to sell or market any product or packaging in Oklahoma using an environmental marketing claim, symbol, or logo, unless it is “truthful, not misleading, and substantiated.” Examples of claims the bill restricts include: recyclable, compostable, biodegradable, carbon neutral, net zero, environmentally friendly, eco-friendly, sustainable, nontoxic, or zero waste.
This is by no means an exhaustive list, and policymaking is an ongoing effort until the final gavel falls at the end of each session. The Flexible Packaging Association (FPA) will continue to be a resource and voice for the flexible packaging industry across state legislatures and agencies.
Edwin Borbon is a government affairs associate with Serlin Haley. Andy Hackman is principal lobbyist at the lobbying firm. Gregory Melkonian is a regulatory and government affairs analyst.
