It’s A Wrap For Packaging Waste Extended producer responsibility laws are coming for your boxes (and your budget). Here’s why, and how to be prepared. By Elizabeth Wimbush IF YOU’VE EVER LOOKED at your warehouse or shipping corner full of polybags, branded mailers, shrink wrap and shiny corrugated boxes and thought, surely this won’t come back to haunt me, we have news: It’s about to. Extended producer responsibility packaging laws are marching across the U.S., clipboard in hand, ready to ask questions like, “How much does the packaging of your shipment weigh?” and “Who’s responsible for it?” Spoiler: It could very well be you. While we’re not here to give legal advice (or doom), we are here to suggest you not ignore this. These state-level laws are real, they’re multiplying like packing peanuts in a gust of wind, and they’re going to affect both suppliers and distributors. Wait, What? EPR for packaging is an increasingly popular policy trend in the U.S. designed to make the companies that create packaging responsible for dealing with it after it’s used. Imagine the environmental version of “you break it, you buy it” – except it’s “you wrap it, you recycle it.” Practically speaking, this means companies will need to: • Report the packaging materials they use. • Pay fees based on recyclability and volume. • Possibly lose sleep over the true cost of that metallic bubble mailer you loved so much. Maine was the first state to pass EPR legislation in 2021. Oregon, Colorado and California soon followed, and in May 2024, Minnesota joined the packaging party. Washington’s governor signed an EPR law just week ago (May 17), and other states (Illinois, Maryland) are peering over the legislative fences and looking mighty curious. The good news? You still have time to get organized. But you will need to get organized. Promo’s Problem Our industry, with dropship models, co-branding, third-party decorators, kitting services and custom packaging galore, doesn’t just “place products on the market.” We launch them like confetti cannons. And that’s where things get tricky. EPR laws define “producer” broadly. If you import, manufacture, distribute or sell packaged goods into one of the states with EPR laws, you could be on the hook. Not all packaging is obvious. EPR laws don’t just target outer boxes. Inner trays, inserts, sleeves, hangtags, void fill, ribbon and even the little sticker that says “eco-friendly” are all potentially in scope. Clients may ask questions. And when they do, “I’m not sure what the box is made of, but it’s recyclable … in spirit,” won’t cut it. Happening Right Now Each state’s EPR law is a little different, but here are some universal truths: • You’ll be expected to register with a Producer Responsibility Organization, a third party that manages compliance and collects fees. • You’ll need to report how much and what kind of 26 • JULY 2025 • PPAI Voices | Responsibility Fah061043 / Shutterstock.com
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