Extended Producer Responsibility (EPR) is no longer on the horizon — it’s happening. States like California, Colorado, Oregon, and Maine have already passed laws that will soon change the cost structure of packaging decisions across the U.S. For brands, that means non-recyclable packaging won't just be a sustainability concern, it will become a financial liability.
So what does that mean for your material choices, packaging costs, and long-term strategy? In this article, we’ll break down what EPR legislation entails, how it will impact packaging material selection, and what steps CPG brands can take now to get ahead of rising EPR compliance fees and shifting retail expectations.
Understanding EPR compliance today is key to avoiding higher costs tomorrow.
What is EPR?
Extended Producer Responsibility is a policy approach that holds producers accountable for the post-consumer lifecycle of their products. In packaging, this typically means funding the collection, sorting, and recycling of materials. Under EPR, companies that use packaging which is difficult or impossible to recycle will pay more to put that packaging on the market, making EPR compliance critical for cost control.
In the U.S., EPR programs are being phased in with different timelines across states:
- Maine (LD 1541): Passed in 2021, with implementation expected by 2027
- Oregon (SB 582): Passed in 2021, launching a Producer Responsibility Organization (PRO) to begin in 2025
- California (SB 54): Passed in 2022, with phased targets starting in 2025 and full compliance by 2032
- Colorado (HB22-1355): Passed in 2022, with full program launch expected by 2026
Learn more:
How Will EPR Impact Packaging Decisions?
EPR laws are designed to financially incentivize the use of recyclable packaging and penalize formats that are non-recyclable or hard to process. The core idea is simple: by making producers financially responsible for the end-of-life management of their packaging, EPR creates a direct economic incentive to design packaging that is easier — and cheaper — to recycle.
The funds collected through EPR programs are typically used to improve recycling infrastructure, fund consumer education campaigns, and reimburse municipalities for the cost of collecting and processing packaging waste. This reinvestment strengthens the overall recycling system while rewarding packaging that is easier to manage.
Brands that prioritize EPR compliance early will benefit from cost savings and stronger retailer alignment.
Here’s how that plays out in real terms:
1. Shifting Cost Burden = Shifting Priorities
Under traditional systems, local governments and taxpayers bear the cost of collecting and managing packaging waste. EPR flips that model. By requiring producers to fund these systems based on the recyclability and impact of their materials, the legislation encourages brands to choose packaging formats that lower their compliance costs. In effect, better recyclability = lower financial penalties.
2. Eco-Modulated Fees Drive Material Change
EPR programs often include “eco-modulation,” where producers pay more or less depending on specific attributes of their packaging such as material type, ease of separation, presence of additives, or availability of end markets. This system pushes companies toward:
- Mono-material structures instead of multilayer laminates
- Common, curbside-accepted resins like PET, HDPE, and PP
- Clear labeling and design choices that support proper recycling behavior
Over time, these fee structures reward circular design and phase out problematic formats.
3. Data Transparency Leads to Better Decisions
To comply with EPR, brands must report detailed information about their packaging including weights, materials, and recyclability. That visibility often uncovers inefficiencies or sustainability blind spots in the portfolio.
As teams assess their packaging against EPR requirements, they’re more likely to streamline SKUs, simplify materials, and explore recyclable alternatives driving measurable improvements in packaging sustainability. These efforts will support long-term EPR compliance.
4. Industry-Wide Pressure Raises the Bar
As more states implement EPR, retailer requirements and national recycling standards will start to harmonize. That means packaging that doesn’t meet EPR criteria may eventually be delisted or rejected by major retailers. For brands, EPR isn’t just a regulatory hurdle, it becomes a competitive advantage when addressed proactively.
Achieving EPR compliance early positions brands to meet both regulatory and retail demands — before it's mandatory.
In short, EPR forces sustainability to move from an aspiration to a line item where reducing environmental impact aligns directly with reducing costs. For many companies, that’s the push needed to finally prioritize recyclable, simplified, and circular packaging formats.
What CPG Brands Can Do Right Now
1. Conduct a Packaging Audit: Evaluate the materials used across your portfolio. Are they curbside recyclable? Do they have a viable end market? Are they flagged by retailers, NGOs, or regulators?
2. Collaborate with Suppliers: Packaging suppliers should be proactive partners helping you simplify materials, move toward mono-material formats, and validate recyclability through testing or third-party certification (e.g., How2Recycle® labels or APR Design® Guide).
3. Shift Toward Widely Recyclable Resins: Resins like polypropylene (PP) and high-density polyethylene (HDPE) are gaining traction due to their compatibility with existing recycling infrastructure. Rigid thermoformed PP, in particular, offers heat resistance, barrier properties, and recyclability (including for barrier and opaque grades in some programs).
4. Model Cost Impact of EPR: Start estimating how eco-modulated fees might affect your cost per package. Even if full-scale EPR programs aren’t in effect yet, forward-thinking brands are modeling these costs now to prepare for EPR compliance in the years ahead.
5. Futureproof Your Formats: Retailers and brand owners are setting aggressive sustainability targets. Walmart, for instance, requires all private brand packaging to be 100% recyclable, reusable, or compostable by 2025. Nestlé, Unilever, and PepsiCo have made similar pledges. Packaging decisions today will affect compliance tomorrow.
The Bottom Line
EPR is about to make recyclability a cost center and brands that lag behind will feel the squeeze. For CPGs, now is the time to:
- Phase out non-recyclable formats
- Build supplier relationships rooted in transparency
- Select materials that meet both performance and policy demands
Material selection isn’t just a packaging decision anymore — it’s about EPR compliance, cost control, and brand trust.
Resources for Further Reading
- The Recycling Partnership: Packaging EPR in the U.S.
- How2Recycle Labeling Program
- Association of Plastic Recyclers (APR) Design Guide
- Walmart’s Circular Connector and Packaging Playbook
- Extended Producer Responsibility Overview — PSI
Preparing for EPR Compliance: What Comes Next
EPR compliance isn't a one-time box to check — it's an ongoing process that requires strategic planning, supplier coordination, and continual adaptation as legislation evolves. Whether you're auditing your portfolio, modeling future costs, or rethinking materials, it's critical to have informed partners who can help you navigate this shift.
At ICPG, we work with CPG brands to align material selection with policy trends, retailer expectations, and recyclability best practices. Our team can support your transition toward packaging formats that are not only compliant but also optimized for performance and circularity.
Reach out to ICPG to discuss how we can help your team prepare for EPR compliance with confidence.
