Debates to Continue on Extended Producer Responsibility Laws in 2026, Expert Says



Dan Felton, president and CEO of the Flexible Packaging Association, gave a 30-minute presentation during PACK EXPO Las Vegas on Sept. 30. Felton told the audience members that they need to be proactive with their companies’ sustainability policies.

More states might adopt extended producer responsibility (EPR) laws in 2025, especially in the Northeast if New York goes through with its EPR legislation, says Dan Felton, president and CEO of the Flexible Packaging Association (FPA).

“New York is the biggest threat next year. If New York goes, I personally anticipate two or three other Northeast states might follow pretty quickly,” Felton said during a presentation held Sept. 30 at PACK EXPO International in Las Vegas. “I would happily be proven wrong on that. We will just have to wait to see what happens.”

Felton pointed out during his talk that about 20% of the U.S. population is now covered by the EPR laws passed in seven states so far: California, Colorado, Maine, Maryland, Minnesota, Oregon, and Washington. He noted that the states have been adopting various rules and deadlines, which make monitoring the legislation difficult.

Felton’s presentation ran for about 30 minutes and included an overview of the flexible packaging industry and FPA’s other advocacy efforts, which also include monitoring labeling laws, recycled content mandates, priorities on the federal level, and movements with advanced and mechanical recycling.

Most companies have been adopting sustainability policies, Felton told the audience that filled one of the forums set aside for educational sessions at the three-day expo.

“But I like to say that if you are not having conversations about sustainability and doing sustainable things, policy makers are doing it for you in the name of sustainability,” Felton added. “And you might not like some of the things they come up with.” PACK EXPO Las Vegas ran from Sept. 29 through Oct. 1 at the Las Vegas Convention Center and included more than 100 educational sessions, according to PMMI, The Association for Packaging and Processing Technologies, which produces the event.

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