Significant legislative and regulatory action affecting flexible packaging took place in 2025. Maryland and Washington passed new extended producer responsibility (EPR) laws for paper and packaging. Rhode Island and Hawaii passed EPR needs assessment bills, and several other high-profile EPR bills advanced in their respective legislatures.
Various states also began implementing their EPR programs, and Oregon’s EPR program officially kicked off in July. Additionally, California published a study identifying what packaging materials can be considered recyclable in the state.
These actions create a sense of policy momentum into 2026, and additional legislative action appears sure to come in 2026.
What to Expect
- In New York, a myriad of packaging policies, including recyclable labeling restrictions, recycled content mandates, and an extensive battle over packaging EPR, will all carry over into 2026.
- In Connecticut, efforts seem focused on creating a plastics-reduction task force.
- In Vermont, packaging EPR and a debate over advanced recycling appear likely.
- In New Jersey, while issues will have to restart after the 2025 elections, EPR remains likely to be a topic of significant action.
- In California and Oregon, there might be further efforts to reform the states’ recyclable labeling and EPR programs.
We can also expect California to reintroduce legislation reforming the Rigid Plastic Packaging Container program and the Recycled Content Trash Bag law, as well as continued activity on legislation prohibiting bisphenols and phthalates in food packaging.
Regulations
On the regulatory front, the initial rulemaking in the first four EPR states has essentially been completed, and each state is entering a different stage of implementation.
- Oregon’s program is active, and the responsible end-market requirements take full effect on January 1.
- Colorado is preparing to complete the plan-review process ahead of the program’s launch in early 2026.
- The Circular Action Alliance (CAA) is ramping up program-plan development in California.
- Maine is preparing to sign a contract with a “stewardship organization.”
- California stands out as the most prominent venue for working out policy details related to flexible packaging, particularly by integrating alternative collection programs into the program plan and preparing for implementation of the state’s unique source-reduction requirements.
New States and EPR
The next wave of EPR-adopting states will waste no time coming up to speed, thanks to lessons learned from the earlier programs.
Minnesota will soon complete its initial assessment and turn to a more comprehensive needs assessment in the new year that will inform its program development.
Meanwhile, in addition to other startup activities, Washington is expected to adopt its initial statewide collection lists by next October.
And Maryland is likely to conclude its rulemaking thanks to the head start it had with its prior needs assessment law.
Industry stakeholders should monitor the regulatory proceedings and advisory-board proceedings in these states to ensure their perspectives are well represented.
It is safe to say that 2026 will pick up where 2025 left off in the legislative and regulatory arenas. Now is a perfect time to reassess the results from this year and apply lessons learned to ensure continued success ahead.
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.