Is Your Brand Ready for State-Level EPR Laws on Sustainable Packaging?
Written by Hyesim Seo & B. Ellie Jin
EPR for Packaging and Paper Products in the U.S.
Extended Producer Responsibility (EPR) for Packaging and Paper Products (PPP) targets the management and accountability of packaging materials and paper products throughout their lifecycle (Sustainable Packaging Coalition, 2024). Under EPR laws for PPP, producers are required to register with and pay fees to an appointed producer responsibility organization (PRO), based on the type of materials and the weight that the producers put on the market in a given jurisdiction (Reverse Logistics Group, 2024). Depending on the specific legislation, the collected fees may cover costs related to the collection, sorting, and processing of packaging, particularly in residential waste management, as well as in funding education, outreach, infrastructure upgrades, and end-market development and verification (Circular Action Alliance, n.d.a).
A Producer Responsibility Organization (PRO) is an entity, often nonprofit, that acts as an intermediary between the government and producers (Sustainable Packaging Coalition, 2024). PROs develop program plans for packaging and paper products to oversee operations and handle producer fees (Circular Action Alliance, n.d.a). At the time of writing this article, five states in the U.S. have taken legislative action to implement EPR laws for packaging: Maine, Oregon, California, Colorado, and Minnesota. In addition to these five states, several others have introduced or considered similar legislation, including Hawaii, Illinois, Massachusetts, New Hampshire, and New York, among others (Heffernan, 2024).
Table 1 summarizes the key aspects of these laws. Maine was the first state to implement an EPR regulation, while Minnesota became the fifth state. In California, Colorado, and Oregon, the Circular Action Alliance (CAA) serves as a PRO, while Maine and Minnesota have not yet designated a PRO to oversee the implementation of their EPR laws. Fee collection requirements and timelines vary depending on the states that have passed the EPR laws (Circular Action Alliance, n.d.a). The implementation of EPR laws for packaging in the U.S. underscores a growing commitment to managing packaging and paper products sustainably.
Table 1. Overview of U.S. State-Level EPR Laws for Packaging
| State (Year Passed) | Bill Title | Producer Responsibility Organization (PRO) | Deadline for producers to register with a PRO | Fee Obligation Start Date |
| Maine (2021) | LD 1541 | To be determined | May 2026 | TBD in 2027 |
| Oregon (2021) | SB 582 | Circular Action Alliance (CAA) | July 1, 2025 | July 1, 2025 |
| California (2022) | SB 54 | Circular Action Alliance (CAA) | July 1, 2025 | January 2027 |
| Colorado (2022) | HB22-1355 | Circular Action Alliance (CAA) | October 1, 2024 | January 2026 |
| Minnesota (2024) | Packaging Waste and Cost Reduction Act | To be determined | July 1, 2025 | TBD in 2028 |
Source: Circular Action Alliance. (n.d.a); Reverse Logistics Group. (2024).
The Fashion Industry’s Movement Toward Sustainable Packaging Solutions
Major fashion brands are aligning their packaging practices with their environmental sustainability goals, although not all efforts directly respond to EPR legislation. Below is an overview of the sustainability initiatives by Gap Inc., PVH Corp., and Nike, highlighting their efforts in sustainable packaging. Table 2 further elaborates on the focus and key actions of the three brands regarding sustainable packaging practices, as highlighted in their annual impact reports.
Gap Inc.: As part of its “Bridging the Climate Gap” initiative, Gap Inc. focuses on eliminating unnecessary plastics in hangers, polybags, shopping bags, and e-commerce mailers. To tackle these challenges, Gap Inc. is working on innovative packaging designs, product labeling improvements, and recycling programs. At the store level, they are addressing limited municipal recycling options for packaging soft plastics by improving communications with store employees about local recycling opportunities, creating educational in-store materials about recycling, and working with suppliers to reduce the size of polybags shipped to stores.
Nike: Through its “Move to Zero” initiative, Nike is committed to eliminating waste by using recycled and sustainable materials in its packaging. The initiative includes ambitious goals for zero carbon and zero waste, extending to innovations in packaging design and material use. Nike’s approach demonstrates leadership in integrating circular economy principles into its packaging practices.
PVH Corp.: PVH Corp., the parent company of Tommy Hilfiger and Calvin Klein, emphasizes sustainable packaging solutions across its brands. The company reports consistent progress in reducing packaging waste and increasing the use of recycled content. This commitment reflects its broader strategy to minimize its environmental footprint.
Table 2. Sustainable Packaging Practices Among Leading Fashion Brands
| Brand | Focus | Key Actions |
| Gap Inc. | Removing unnecessary or problematic plastics | Achieved 47% elimination in consumer packaging, replacing it with paper or reusable alternatives in 2022 |
| Ensuring at least 50% of all plastic packaging contains 100% recycled content | Reached 80% recycled content in consumer packaging, surpassing its 2025 target | |
| Nike | Using less packaging | • Redesigned master outer cartons (MOCs) for footwear to be 22% lighter • Increased the use of lighter MOCs from 30% to 50%, saving over 7.5 million kilograms of cardboard in FY23 • Adjusted shoe box sizes and designs to fit products better, reducing weight and waste • Removed toe stuffing from 42% of footwear, reducing packaging waste by over 2 million kilograms |
| Using better materials | • Master outer cartons (MOCs) are made from an average of 89% recycled material, and shoe boxes are made from over 90% recycled material | |
| PVH Corp. | Reducing plastics | 17% is plastic packaging, with active goals to reduce the plastic footprint (as of 2022) |
| Increasing recyclability | 82% of on-product packaging is paper or paper-based (as of 2022) | |
| Increasing usage of recycled content | Increased recycled content for on-product packaging to 53%, up from 30% in 2021 |
Table 2 highlights how brands actively communicate their progress and achievements through key quantified figures, aligned with their goals for packaging waste management. The goals primarily focus on reducing plastics and packaging waste and increasing the use of more environmentally friendly packaging materials. With more states expected to adopt EPR laws for packaging in the near future, more brands are likely to enhance their efforts to address packaging-related challenges and ensure compliance with these regulations.
The Fashion and Textile Business Excellence Cooperative (FTBEC) at Wilson College of Textiles, North Carolina State University is actively assisting companies in complying with Extended Producer Responsibility (EPR) regulations and advancing sustainability initiatives. A notable example is FTBEC’s collaboration with Gerber Childrenswear, LLC, on a sustainable packaging project during the Fall 2024 semester.
Businesses seeking similar projects are encouraged to contact Dr. Ellie Jin, Executive Director of FTBEC, at bejin@ncsu.edu for collaboration opportunities.
References
Circular Action Alliance. (n.d.a). General FAQ. https://circularaction.org/general-faq
Circular Action Alliance. (n.d.b). About Circular Action Alliance. https://circularaction.org/about
Heffernan, M. (2024, March 1). Ten EPR bills introduced in 2024 so far. Resource Recycling.https://resource-recycling.com/recycling/2024/03/01/ten-epr-bills-introduced-in-2024-so-far/
Sustainable Packaging Coalition. (n.d.a). Extended Producer Responsibility. https://epr.sustainablepackaging.org/
Sustainable Packaging Coalition. (2024). Extended Producer Responsibility (EPR) Acronyms & Abbreviations Reference Sheet. https://sustainablepackaging.org/wp-content/uploads/2024/06/EPR-Acronyms.pdf
Reverse Logistics Group. (2024, June 27). EPR laws for packaging in the United States: Where are we now? https://rev-log.com/us/epr-laws-for-packaging-in-the-united-states-where-are-we-now/
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