The regulatory environment for the packaging industry has been heating up over the last few years as governments around the globe look to address the growing problems of packaging waste and the environmental effects of the petroleum-based materials much packaging is comprised of, as well as mandating recycling and use of recycled content. For brands, retailers, and their packaging converter partners, it is important to stay up to date with these changes in order to be able to sell or distribute product into a variety of markets around the world.

In the United States, under the current federal administration, there is a strong anti-regulatory focus. However, there are state-level regulations that are not likely to be impacted by this change in ideology. Plus, in other markets around the world, most notably Europe, the regulatory environment is not letting up.

Five States in Process with EPR Laws for Packaging

Let’s start with New York, a large market for most products, to be sure. As of this writing, the state’s Packaging Reduction and Recycling Infrastructure Act (PRRIA) has successfully advanced through the Senate’s Environmental Conservation Committee, and is in committee in the State Assembly. It is likely to become law this year. According to the state, “PRRIA (S.1464/A.1749) aims to significantly reduce packaging waste by requiring companies to reduce overall packaging use, improve recyclability, fund recycling infrastructure, support municipal recycling programs, and eliminate toxins in packaging materials.”

The Senate version “would require companies with net income over $1 million who sell or distribute certain materials and products to reduce packaging, improve recycling and recycling infrastructure, financially support municipal recycling programs, and reduce toxins in packaging. This legislation shifts the onus of recycling from municipalities and ensures that producers of products are serving our interests by establishing solutions to sustainable packaging.” Once signed into law, the bill would become effective immediately.

The text of the bill notes that Maine, Oregon, Colorado, and California have implemented similar programs. [Minnesota has done so as well.] In fact, Maine was the first state in the nation to pass an Extended Producer Responsibility (EPR) for Packaging law that requires large corporations and manufacturers to help pay for the cost of recycling their wasteful packaging, much of it plastic. That law passed in July 2021.

Clearly, much work needed to be done to determine exactly how it would be implemented, and that work is underway. It involves a competitive bidding process to select a stewardship organization that will oversee the program, collect and dispense funds, and report on the overall progress of the program. It is not expected that municipalities will see any money from this program until late 2026 or 2027.

These EPR acts, in effect, shift the responsibility for the costs of recycling from taxpayers to the producers of packaging. This includes retailers such as Amazon and Walmart, as well as brands such as Procter & Gamble.

In Oregon, the Plastic Pollution and Recycling Modernization Act became effective January 1, 2022. Covered materials include packaging, food serviceware, and printing and writing paper. Again, implementation takes time, but it is expected that producer fee obligations will start this summer.

Colorado expects to see its EPR fee structure to be available this fall, with producers beginning to pay those fees in 2026. California expects to publish its fee schedule in April 2026, with EPR fee obligations beginning in 2027.

California’s packaging EPR law, Senate Bill 54 (SB 54), also known as the Plastic Pollution Prevention and Packaging Producer Responsibility Act, passed in 2022 and is overseen by California’s Department of Resources Recycling and Recovery (CalRecycle).

Across several of these states, there is a requirement to register with the Circular Action Alliance (CAA), a producer-led organization founded in 2022. It is the only organization approved to implement U.S. EPR laws for paper and packaging. The organization offers resources to help producers better understand and prepare for their obligations in states with EPR laws emerging or already in effect.

A detailed summary of the status of EPR laws for packaging can be found here. Expect more states to begin passing these laws as well.

Printing Inks Face New Regulations

Printing inks have been regulated for some time, and the industry as responded to those regulations. However, new, broader regulations are (potentially) emerging. Take, for example, Washington State’s proposed ban on printing inks. Previously the state restricted the use of inks that contain PCBs. Now they are looking to widen the scope by mandating removal of PFAS (also known as forever chemicals), phthalates, and certain heavy metals. Inks containing those materials are used in ink formulations for DTG, screen printing, and dye sublimation. This requirement for ink reformulation could have quite a disruptive effect on garment decoration businesses, likely resulting in increased costs and changes in color performance.

Turning to Europe…

As mentioned earlier, the regulatory environment in Europe is much stricter and more advanced than in the U.S. The EU Packaging and Packaging Waste Regulation (PPWR), adopted in December 2024, aims to reduce packaging waste, promote a circular economy, and harmonize packaging rules across the EU, with measures including waste reduction targets, recycled content requirements, and bans on certain single-use plastic packaging. By 2030, the measures are expected to significantly reduce greenhouse gas emissions and water use, while preventing and reducing the adverse impacts of packaging and packaging waste on the environment and human health.

In addition to restrictions on certain single-use plastics, the rules require minimizing weight and volume of packaging – including minimizing the need for void fill by right-sizing shipping boxes, for example. It also sets targets for a minimum percentage of recycled content in packaging. These regulations are expected to be in force by August 2026.

The Upshot…

The regulatory environment around packaging is heating up across the globe. Whether it is inks, void fill, or excessive waste, brands, retailers, and packaging converters alike should keep a sharp eye on these developments, and have a plan in place to meet their requirements. Because regulations are stricter in some of the larger markets—California, New York, Europe, etc.—not being able to meet these requirements could take a toll on revenues and profits.

The good news is that, as requirements are clarified and actually enacted into law, there are resources available to help stakeholders address these regulatory challenges. This includes the aforementioned Circular Action Alliance, among others.

A Closing Note

I recently interviewed Living Ink Technologies. The reason I bring this up is that they have developed a bio-based drop-in replacement for carbon black-based inks. The source is industrial waste, and the company is currently operating at scale, and recognized as an alternative to conventional black inks by many brands. It does not seem at this point that carbon black, a petroleum-based pigment for blank inks, has hit the radar of regulators. But it’s likely only a matter of time before carbon black based inks become a target as well. (In New York, it has already become one. —Ed.)