Packaging is facing a new regulatory challenge (and, for brands that respond proactively, a meaningful growth opportunity).
Food brands are increasingly being required to take greater responsibility for what happens to packaging after it leaves the shelf, with Extended Producer Responsibility (EPR) laws at the center of this shift. While still emerging across the U.S., these regulations are already reshaping packaging strategy.
In this article, we break down what EPR means for food packaging, how these regulations are expanding, and what brands can do today to stay ahead.
In the United States, Extended Producer Responsibility (EPR) refers to a growing set of state-level regulations that shift the responsibility for packaging waste from municipalities to the companies that produce and use that packaging.
While requirements vary by state, EPR laws generally place responsibility for the end-of-life management of packaging materials on producers. This includes funding and supporting systems for collecting, recycling, and reducing packaging waste. In most cases, “producers” include brands, manufacturers, and importers that introduce packaged goods into the market.
These programs typically require companies to participate in or fund statewide recycling and waste reduction initiatives, often through:
Data reporting on packaging materials
Fees tied to packaging volume or material type
Participation in coordinated stewardship programs
For food packaging manufacturers and the brands they support, these laws represent a major strategic shift. Packaging decisions can no longer be evaluated solely on cost, performance, and shelf appeal.
Adding to the challenge, EPR in the U.S. is not governed by a single national framework. Instead, companies must navigate a state-by-state regulatory landscape, where requirements, timelines, and definitions differ. This creates added complexity for food brands and packaging suppliers with multi-state distribution, especially when packaging specifications vary across product lines.
Consulting firm PwC notes in its EPR research that “EPR laws aren’t new. They’ve existed in the US for more than two decades across various sectors — from textiles and electronics to pharmaceuticals. Now, though, there has been a marked uptick in packaging-focused regulations across multiple states, in part to address the growing cost and space burden of packaging waste. As a result, businesses are navigating a complex and evolving landscape: a patchwork of state-led rules, SKU-level data requirements, divergent infrastructure realities, and eco-modulation, which is the practice of adjusting EPR fees based on products’ environmental performance or packaging.”
As of early 2026, seven U.S. states have enacted EPR laws:
California
Maine
Colorado
Minnesota
Maryland
Oregon
Washington
Implementation timelines are already unfolding, with key reporting, registration, and fee deadlines arriving in 2026 and 2027. Two more states (New Hampshire and Wisconsin) have already introduced similar legislation, with others actively evaluating their own programs, and the momentum toward broadened state-level EPR regulations appears set to be strong for the foreseeable future.
In this context, EPR-informed compliance and product planning are increasingly likely to become a standard part of industry best practices.
The scope of EPR laws varies by state, but most programs focus on consumer-facing packaging materials.
In some states, coverage is limited to packaging and paper products, including plastic containers, films, corrugated boxes, and other common formats used in food packaging. Other states take a broader approach, extending requirements to additional categories such as:
Plastic trash bags
Household cleaning packaging
Personal care item packaging
Foodservice items and serviceware
Because definitions and covered materials are not standardized, companies should evaluate their packaging portfolios carefully. What qualifies as a regulated material in one state may not be treated the same way in another, making consistent compliance across markets more complex.
For a detailed breakdown of how coverage varies across each state, the supply chain consulting firm SourceIntelligence maintains a helpful resource here.
While companies should always review requirements at the state level, most EPR packaging laws follow a similar structure.
In general, responsibility starts with the brand owner or manufacturer of the packaged product. If that entity does not have a presence in the state, the obligation typically shifts to the importer or distributor.
Many states include minimum revenue or sales thresholds, meaning smaller companies may be exempt.
There are also common exemptions for certain packaging types, such as those used in business-to-business transactions or long-term storage.
For companies that are subject to EPR, compliance usually involves joining a Producer Responsibility Organization (PRO). These organizations manage key requirements on behalf of participating companies, including:
Submitting compliance plans to the state
Collecting packaging data
Assessing and managing fees
Producers are generally required to report packaging data and pay fees to support recycling and waste reduction programs. Fee structures can vary, with some states adjusting costs based on the environmental impact of specific materials.
EPR compliance is often framed as a cost burden, but for food brands and packaging manufacturers that engage early, it also creates a clear opportunity to rethink packaging performance for today’s consumers.
PwC’s report notes that companies taking a proactive approach to redesigning packaging potentially unlock a 6% to 25% revenue increase through improved market positioning, new product offerings, and pricing premiums tied to sustainability.
1. Build transparency into packaging from the start
EPR programs are data-driven, and brands need detailed information on packaging materials, weights, and recycled content to meet reporting requirements. Packaging partners that provide clear, standardized documentation (whether through material specs, PCR content data, or recyclability guidance) help simplify compliance while enabling better decision-making.
For example, ReCERTA™, Lacerta’s post-consumer recycled plastic for our food packaging products, is backed by lifecycle assessments, education, messaging support, and more.
2. Work with a packaging partner that can support sustainable packaging design
Under many EPR frameworks, packaging choices directly influence cost. Simpler formats, reduced material usage, and recyclable structures can lower fee exposure, while complex or hard-to-process materials may increase it. Packaging manufacturers with in-house design expertise can guide these decisions early, helping brands balance food safety, shelf life, and merchandising with material efficiency and recyclability.
Learn more about how to embrace sustainable packaging design in food products.
3. Leverage packaging innovation to reduce material and cost simultaneously
Sustainable design innovations can directly reduce material use while boosting product profitability. Lacerta’s Seal N’ Flip™ packaging is a great example: by moving the lidding film to the bottom of the package, the design uses up to 50% less plastic than traditional clamshell containers and can deliver up to 25% savings in material cost.
For food brands or food-service operations, this sort of packaging modernization can support multiple goals at once: lower material usage, reduced fee exposure under EPR frameworks, and even provide stronger shelf presentation.
4. Lean into sustainable branding
Sustainable packaging is a meaningful purchasing driver. Research shows that over 80% of consumers are willing to pay more for products in sustainable packaging, and many are actively choosing brands based on those attributes. Working with a packaging partner that can deliver credible, clearly sustainable formats (whether through material reduction, recyclability, or PCR content) helps translate compliance into a tangible brand advantage on the shelf.
EPR is just one piece of a larger shift in how packaging is designed, evaluated, and brought to market.
For food brands, EPR is just the latest example of how staying ahead of the trends shaping the future of food packaging requires understanding how material choices, format design, and sustainability goals all work together, from shelf appeal to cost control and compliance.
Connect with the Lacerta team to discuss how your packaging strategy can align with evolving EPR requirements while supporting your business goals.