Flexible Packaging Association (FPA) Cites Unattainable Mandates and Affordability Concerns

Annapolis, MD – As the New York 2026 legislative session drew to a close on June 5, the Flexible Packaging Association (FPA), the leading advocate for the U.S. flexible packaging industry, appreciates that the Legislature failed to move forward with flawed packaging extended producer responsibility (EPR) legislation in the form of A.1749/S.1464 (the Packaging Reduction and Recycling Infrastructure Act).

With amendments that did not address major issues with the bill, the legislation failed to advance to final floor votes before the end of the session in the Assembly and the Senate. FPA maintains that the legislation’s foundational requirements remained impractical, did not support innovative recycling technologies, and would have made everyday essential goods less affordable for New Yorkers.

"We must expand recycling systems and reduce waste, but good public policy must balance sustainability goals with economic reality," said FPA President & CEO Dan Felton. "For three years in a row now, this deeply flawed legislation has stalled because it set arbitrary mandates that would have disrupted the supply chains keeping consumer food and medical products safe and sanitary. By not accounting for actual infrastructure innovation and restrictions, the bills would have led to increased product damage, higher grocery bills, and reduced shelf availability for everyday New York families."

The legislation contained critical, unaddressed flaws, including its explicit exclusion of advanced chemical recycling technologies and the imposition of a technically infeasible 75% recycling rate and 30% source reduction mandate for packaging. It also threatened to trigger severe material shortages by restricting post-consumer recycled content to domestic U.S. sources. A.1749/S.1464 also would have shifted 100% of municipal recycling and disposal costs for packaging onto producers, creating an unpredictable financial burden that would be passed down to families through higher prices for grocery staples like bread, milk, and infant formula.

The Flexible Packaging Association is committed to furthering a circular economy and calls on all stakeholders to support a science-backed EPR program in New York. The association urges stakeholders to recognize the environmental benefits of flexible packaging, invest in all forms of recycling infrastructure and technologies, and adopt policies that protect the affordability of essential goods for all New York residents.