As of October 2025, seven states (California, Colorado, Maine, Maryland, Minnesota, Oregon and Washington) have passed Extended Producer Responsibility (EPR) laws.
These laws are intended to reduce packaging waste and improve recycling by holding producers financially and operationally responsible for the end-of-life management of their products, according to a client alert issued by Venable LLP.
Venable encouraged its clients to determine product coverage, assess producer status and get registered if applicable. Other compliance duties include establishing tracking and reporting systems, tracking multiple state requirements, and engaging early and often with proper organizations.
According to Claudia Lewis, co-chair of Venable’s Food and Drug Law Group, EPR laws shift the financial and operational burden from governments to the companies that put packaged products into the market to incentivize leaner, more recyclable packaging designs.
“These laws are spreading across the U.S., with multiple states already acting and many more considering similar measures, so the regulatory landscape is both evolving and fragmented. For covered products, companies may be required to join a producer responsibility organization (PRO) that collects fees, manages data reporting, and runs statewide recycling and packaging-reduction programs, making it the practical path to compliance for most brands,” she said.
Lewis added the details vary by state including who qualifies as a “producer,” what packaging is covered or exempt, and what thresholds may apply. The overall effect is that any company selling packaged consumer products needs to understand whether it has obligations.
“Dietary supplement and natural product companies are very much in scope because they sell packaged goods, even though some states carve out certain regulated categories from coverage,” she explained. “Non-compliance can be costly, including substantial fines, loss of market access, and potential exposure to private litigation. For that reason, companies should proactively assess whether they are considered producers in each state, determine whether their packaging is covered, and build a plan for ongoing registration, data reporting, and fee payments as EPR programs expand.”
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