California Packaging EPR Law Challenges for Brands

𝗧𝗵𝗲 𝘀𝘁𝗮𝘁𝗲-𝗹𝗲𝘃𝗲𝗹 𝗘𝗣𝗥 𝗺𝗮𝗽 𝗹𝗼𝗼𝗸𝘀 𝗱𝗶𝗳𝗳𝗲𝗿𝗲𝗻𝘁 𝘁𝗵𝗮𝗻 𝗶𝘁 𝗱𝗶𝗱 𝘀𝗶𝘅 𝗺𝗼𝗻𝘁𝗵𝘀 𝗮𝗴𝗼. California's Plastic Pollution Prevention Act is in implementation. Oregon's Recycling Modernization Act is live. Maine, Colorado, Minnesota, and Maryland all have active or near-active Extended Producer Responsibility programs. Five more states have legislation in committee. For packaging converters, consumer products manufacturers, and food packaging operations, the regulatory map went from "one state to watch" to "compliance across half a dozen jurisdictions with conflicting requirements and overlapping deadlines." That doesn't get handled by adding a line item to the legal team's workload. It requires operational talent. Packaging engineering capable of redesigning products around recycled-content requirements. Regulatory specialists managing filings across states with different fee structures. Supply chain leadership able to rebuild sourcing around traceability requirements that didn't exist three years ago. These roles barely existed in 2023. The people who can fill them well are concentrated in a handful of companies that started building capability early, and those companies aren't letting them go. If your business has EPR exposure across multiple states and the compliance bench isn't built yet, this is the conversation worth having before Q4 planning starts. Plastic Executive Recruiters has been placing the kind of Impact Players who can make these transitions work since 1995. We know where the people are, and we work our tails off to get them in front of you fast. What roles tied to EPR compliance are still open at your company?

As California’s landmark packaging law, SB 54, reshapes the future of packaging, companies are racing to innovate and reduce, even as legal challenges add uncertainty to the path ahead for us all. Check out my newest Trellis article below ⚠️ ♻️

New from me: California's extended producer responsibility legislation is projected to bring in $5 billion in funds to increase recycling efforts and combat environmental damage from waste over the next 10 years. However, 17 state attorneys general and one industry organization are suing California over what it sees as an overreach of its jurisdiction by placing the financial burden on companies bringing single-use packaging of any kind to the market in California. Print & Promo Marketing Advertising Specialty Institute https://lnkd.in/d7JVg3S6

What happens when sustainability regulation meets constitutional law? A federal judge has issued a preliminary injunction preventing enforcement of California's SB 343 "Truth in Recycling" law, finding that challengers are likely to succeed on arguments relating to vagueness and free speech concerns. The ruling may also have significant implications for California's wider packaging and recycling requirements. Explore the decision and what it means for manufacturers, brand owners and packaging companies here ➡️ https://ow.ly/LILw50ZpXZb ✍️ Kendra Sherman | Danelle Gagliardi | Allen Kacenjar | Abigail Dop

Flexible plastic film now costs up to 76 cents per pound in EPR (Extended Producer Responsibility) fees in Oregon, the only state collecting today. California is next. Its draft schedule runs higher, past a dollar a pound for some films. Final rates land in October. Fees start in January. Here is what most Brands have not connected. The same material carrying your highest packaging fees is also your least-claimed carbon reduction. Film is recovered at under 6 percent, the lowest of any mainstream resin. Highest cost. Lowest recovery. Zero claims. That overlap is exactly where we build. Verified recovery programs inside the retail chains brands already ship through. Tracked end to end. Independently audited under ISO 14064-3, the standard for verifying greenhouse gas statements. The reduction lands in your own Scope 3. The evidence supports your EPR position. The story survives an audit. This is Carbon Insetting Every big company promised to cut its carbon. The ones who prove it will own the next decade of brand trust. The future of carbon is Decarbon.

#INKISH - California’s landmark SB 54 packaging law officially entered its operational phase, triggering mandatory registration, reporting, and compliance requirements for producers of packaging and food service ware. The legislation establishes aggressive recycling, source reduction, and recyclability targets that are expected to influence packaging strategies far beyond California’s borders.-https://lnkd.in/eADFbpuq

A federal judge has temporarily halted California's landmark recyclability labeling law. The ruling raises new questions about packaging claims and could have significant implications for manufacturers ahead of the law's planned implementation. Read the full story. https://lnkd.in/g3_DNkeb #Packaging #Recycling #Manufacturing #Regulation #Plastics

On July 14, a federal judge blocked enforcement of California’s new “truth in labeling” law regarding recyclability claims, and affected businesses should monitor this case as the ban on enforcement is not final and will ultimately depend on the final resolution. Read more on our Tox of the Town blog: https://buff.ly/K0SSWKY Sedina Banks, Sherry Jackman, Bryce Lourié, Kaylinn Charnley #Recycling #Packaging #Environment

For a while, packaging EPR felt like a coastal story. That's changing. Seven states now have laws that make producers pay fees based on the packaging they put on the market, with hard-to-recycle materials costing more and recyclable ones costing less. Two of them, Oregon and Colorado, are already collecting. And closer to home, Illinois has a recycling needs assessment underway, with a report due to the legislature this December, the same groundwork that came before programs in other states. The throughline in all of it: "recyclable" is shifting from a marketing word to a claim you have to substantiate, and packaging material is shifting from a design choice to a line-item cost. None of this requires panic. It rewards planning. The brands that look at their packaging materials now, before a fee or a deadline forces it, are the ones who get to make the change on their own terms. If a fee were attached to every hard-to-recycle component in your packaging tomorrow, would you know what it would cost you? #Packaging #SustainablePackaging #EPR #Manufacturing #Midwest

A federal judge has temporarily blocked enforcement of California’s SB 343 “Truth in Recycling” law. SB 343 was scheduled to apply to products and packaging manufactured after October 4, 2026. The law would restrict the use of chasing arrows, recyclability statements, and other recycling-related claims unless the packaging meets California’s criteria for being considered recyclable. The court granted a preliminary injunction after finding that the groups challenging the law were likely to succeed on portions of their First Amendment claim. For now, the California Attorney General is prohibited from enforcing SB 343 while the litigation continues. But this is not the end of California packaging regulation. The ruling does not pause or eliminate SB 54, California’s extended producer responsibility and source reduction law. Producers still need to prepare for EPR reporting, fees, source reduction requirements, and the statewide 2032 targets, including: • 100% of covered packaging recyclable or compostable • 65% of single-use plastic packaging actually recycled • A 25% reduction in single-use plastic There are also important connections between SB 343 and SB 54, particularly because SB 54 relies on recyclability criteria established through SB 343. We will be watching closely to see whether the litigation leads to changes, clarification, or greater alignment between the two laws. For brands, the takeaway is simple: do not stop preparing. The labeling requirements may be temporarily paused, but California’s broader packaging obligations are still moving forward. Article: https://lnkd.in/d8Cmric5 #Packaging #EPR #SB54 #SB343 #Sustainability #PackagingCompliance #Recycling