Navigating Extended Producer Responsibility (“EPR”) as a Producer
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February 11, 2026
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What’s Happening
Extended Producer Responsibility (“EPR”) legislation is fundamentally transforming how companies manage packaging waste by transferring end-of-life management obligations directly to producers. These laws establish rigorous compliance frameworks requiring detailed annual reporting, structured fee payments, and adherence to multifaceted program requirements. Seven states (California, Colorado, Maryland, Maine, Minnesota, Oregon, and Washington) have already enacted comprehensive EPR policies that mandate producers assume both financial and operational responsibility for their packaging.1 More states could act on EPR legislation this year and in the coming years.
Concurrently, Hawaii,2 Rhode Island,3 Massachusetts,4 and Illinois5 have approved EPR study bills to inform future implementation strategies within their . Consequently, companies now navigate an increasingly complex patchwork of regulatory frameworks spanning state and international boundaries, each with distinct timelines, reporting protocols, and fee structures. This evolving regulatory environment intensifies industry demand for greater program harmonization nationwide and the development of standardized compliance mechanisms that producers can efficiently implement.
What Does This Mean For Producers
EPR regulations introduce a comprehensive framework of policies that require swift corporate adaptation to maintain business continuity. These regulations demand increased coordination across supply chains for budgeting, payment, and compliance. Once implemented, EPR mandates that producers enhance compliance protocols, establish consistent communication channels with stakeholders and regulatory bodies, and safeguard brand reputation, investor confidence, and market positioning. Noncompliance can be costly. In California, for instance, failure to comply can trigger enforcement actions, including civil penalties of up to $50,000 per day per violation, underscoring the urgency of proactive.6
Who Is Considered a “Producer” Under EPR Laws
Under most EPR frameworks, a producer is any company that manufactures, imports, or places covered products or packaging into a jurisdiction for sale or distribution. Depending on the state, this can include brand owners, manufacturers, material suppliers, importers, and, in some cases, retailers or.7
Importantly, producer obligations are typically triggered by market entry rather than physical manufacturing, meaning companies may be subject to EPR requirements even if products are manufactured outside the state or country in which they are.8
Because definitions and obligations vary by jurisdiction, many companies are surprised to learn they qualify as producers, and are therefore subject to reporting, fee, and compliance requirements, under newly enacted EPR laws.
How Companies Should Navigate EPR Complexity
The rapid expansion of EPR regulations demands a proactive, multi-dimensional approach. Success requires more than tracking legislation; it requires strategic positioning, stakeholder alignment, and operational readiness. We work with companies to navigate this complexity strategically, helping them influence policy outcomes, streamline compliance processes, and turn regulatory obligation into competitive advantage. Our approach focuses on five critical areas:
Strategic Policy Intelligence. Track emerging EPR legislation across U.S. states and international jurisdictions to identify opportunities, challenges, and strategic positions. We help clients analyze policy texts and rulemaking to determine specific implications for covered materials, reporting requirements, and fee structures.
Policy Development & Advocacy. Engage in critical conversations with legislators, regulators, producer responsibility organizations (PROs), and industry coalitions to shape EPR policies that reflect operational realities and create achievable regulations. We provide expert guidance on material inclusion in minimum recyclables lists and recognition of innovative recycling pathways.
Stakeholder Engagement & Coalition Building. Develop aligned industry or cross-sector coalitions that speak with one voice to advance shared policy goals. We facilitate strategic outreach to NGOs, policymakers, and community partners to strengthen credibility and inform policymaking.
Communications & Reputation Strategy. Translate complex regulatory developments into clear, audience-specific messaging for internal and external stakeholders. We support comprehensive communication strategies including public affairs campaigns, ESG reporting frameworks, and targeted external communications that protect and enhance corporate reputation.
Compliance Readiness & Operational Alignment. Develop a compliance strategy that optimizes data collection and management to enable efficient reporting in multiple jurisdictions.
The Bottom Line
EPR is no longer an emerging issue. It’s the new regulatory reality, and it’s expanding rapidly. For producers, the question isn’t whether to engage, but how to do so strategically. Companies that wait risk costly penalties, reputational damage, and lost influence over the policies that will govern their operations for years to come. Those that act now can shape the rules, streamline compliance, and position themselves as industry leaders. The window to get ahead of EPR is closing. What you do next matters.
Footnotes:
1: O’Herron, Devin, “U.S. EPR Packaging Laws by State,” Assent (December 5, 2025).
2: Rachal, Maria, “Hawai’i governor signs packaging EPR study bill,” Packaging Dive (June 2, 2025).
3: Quinn, Megan, “Rhode Island lawmakers replace EPR and bottle bill proposal with study bill,” Waste Dive (June 26, 2025).
4: Rosengren, Cole, “Massachusetts commission endorses some EPR plans, punts on packaging,” Waste Dive (December 11, 2025).
5: Rachal, Maria, “Illinois advances foam ban legislation, progresses on EPR study,” Packaging Dive (June 23, 2025).
6: California Plastic Pollution Prevention and Packaging Producer Responsibility Act, S.B. 54, 2021-2022 Reg. Sess. (Cal. Stat. 2022).
7: Punches, Derek J., and Sarah R. Schenck, “Extended Producer Responsibility Laws—What Companies Need to Know,” Godfrey & Kahn (December 2, 2025).
8: Ibid.
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Published
February 11, 2026
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