Packaging policy continues to attract a lot of attention, but proposals that were once ideas are now becoming realities and having real-world impacts on cost and purchasing.
A prominent example is extended producer responsibility (EPR) for paper and packaging, which went into effect on July 1, 2025, in Oregon. It will be followed by Colorado, California, and Maine over the next 18 months.
Years of debate, negotiations, and implementation are finally coming to fruition, and this will require ongoing engagement to ensure that packaging types, including flexible packaging, remain viable under these programs for both producers and consumers.
For example, Democratic Gov. Gavin Newsom in California restarted the rulemaking process for Senate Bill (SB) 54. This reignited debates about the best ways to control EPR costs and the appropriate interpretation of the law. As the regulations inch toward completion, significant deliberation continues about how to address new recycling technologies. CalRecycle’s informal draft of regulations afforded a pathway to ensure materials such as flexible plastic and films can be considered if they use novel and environmentally sound recycling practices.
However, other stakeholders insist such technologies should not be allowed under the law, which would restrict the availability of recycling for the country’s largest market and EPR program. This issue likely will be resolved—at least to some extent—by the end of 2025.
More States Adopt EPR
While these states in the first wave of packaging EPR reach maturity, more states are following. Minnesota, Maryland, and Washington adopted full EPR laws in 2024, and other states are showing stronger interest.
Luckily, these newest laws are showing more harmony in design, which has been a key request for packaging makers.
However, not all bills are pursuing this harmony. Some environmental groups are pushing challenges in other states, such as New York and New Jersey, to have their programs remove plastics from commerce, ban chemicals, and mandate recyclability in short time periods.
Labeling Laws
Labeling requirements are another area of packaging policy nearing implementation.
Industry efforts, such as How2Recycle®, aim to provide consistent and informative directions to consumers on how to manage packaging at the end of its life. However, different state-based laws threaten to impose conflicting rules on how and when to label materials as recyclable or compostable.
California’s SB 343 is an active example. With its final findings report completed in April, the bill’s labeling requirements are slated to prevent many packaging types from being labeled as recyclable beginning in October 2026.
While packaging policies continue to be debated, program implementation will increasingly need to be integrated into business operations and planning, along with collaboration with customers and business partners, to inform smart decisions about navigating the policy drivers in new programs.
Gregory Melkonian is a regulatory and government affairs analyst for Serlin Haley, based in Washington, D.C. Andy Hackman is principal lobbyist with the firm.