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Extended Producer Responsibility (EPR) has quickly become one of the most important packaging policies in the United States, however currently there is no national packaging EPR framework. Instead, regulation is advancing state by state, creating a fast-evolving and increasingly complex landscape for companies to efficiently manage their packaging design, production, distribution, and sales.
In our previous blog, we introduced the concept of EPR and explained how it is reshaping packaging responsibility in the U.S. Since then, the conversation has progressed. Packaging EPR is now becoming part of practical business planning, requiring companies to collect data, register with a Producer Responsibility Organization (PRO), prepare for reporting deadlines, budget for fees, and evaluate packaging design choices.
Understanding the Current U.S. EPR Landscape
Seven U.S. states have now enacted packaging EPR legislation: Oregon, Colorado, California, Maine, Minnesota, Maryland, and Washington. These programs are at different stages of implementation, with Oregon and Colorado already administering their programs and California ramping up for implementation in 2027 with reporting deadlines throughout 2026.
This marks an important shift. In the early stages, companies were mainly focused on understanding whether EPR would affect their business. Now, they are tackling practical questions: What data do we need? How will fees be calculated? And how can packaging design help reduce future costs?
While packaging EPR is gaining traction across the U.S., many uncertainties remain due to ongoing lawsuits, and various details are still being fleshed out. While the Circular Action Alliance (CAA), the designated PRO in most states, is converting legislation into reporting systems, fee structures, and compliance processes, companies need to monitor how requirements evolve in practice.
Likewise, the U.S. EPR landscape remains highly fragmented. Each state has its own approach, which can create complexity for companies selling products across multiple states, especially because each state can define obligations, covered materials, timelines, and fee structures differently.
For companies operating nationally, the message is clear: U.S. packaging EPR requires state-by-state monitoring and a strong internal packaging data management process.
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Legal Challenges to Watch
What Producers Should Do Now
In the U.S., packaging EPR regulations can vary significantly by state. This creates challenges for brand owners selling products nationwide and for converters designing packaging for customers operating in multiple states.
Because EPR fees may depend on material type, weight, recyclability, recycled content, and other design factors, companies should be preparing now. Comprehensive packaging data, inventories and sales data will facilitate compliance as well as close cooperation with suppliers to drive a holistic packaging strategy are critical factors to successfully navigate the uncertainties of EPR legislation in the US.
For many food and beverage companies who have carried out a double materiality assessment a sustainable packaging strategy has been identified as a key component of their business, and now gains even greater importance with packaging data and EPR fee management added to the mix.
Companies that are well prepared will be better positioned to manage costs, reduce risk, and respond to future regulatory changes.
Why Packaging Design, Adhesives, Coatings, and Recyclability Matter
EPR is designed to shift more responsibility for packaging end-of-life management to the companies placing packaging on the market. It can also create financial incentives for better design. Packaging that is easier to recycle, contains recycled content, or uses less material may be better positioned under eco-modulated fee structures, while difficult-to-recycle formats may face higher costs. This means packaging design is becoming both a sustainability, cost and compliance priority.
Adhesives and coating technologies generally represent a small share of the total package weight, but they can significantly influence recyclability. The wrong adhesive or coating can interfere with recycling streams, affect label removal, reduce fiber recovery, or compromise the quality of recycled materials. The right adhesive solution may support mono-material packaging, wash-off performance, PET recycling, paper and board recycling yield when the packaging is appropriately designed. As may recognition and compatibility with recognized recycling guidelines such as Association of Plastic Recyclers (APR) and FiberBox Association guidelines, which is largely reflected in EPR fee schedules published to date.
EPR also encourages companies to look beyond simple material reduction. Lightweighting can be valuable, but packaging must still protect the product, perform through the supply chain, and be compatible with recycling systems. In many cases, the goal is not just less packaging, but better packaging.
For converters, this also creates a business opportunity. Brand owners may increasingly expect packaging partners to help identify recyclable structures, document material choices, and reduce exposure to EPR-related costs.
How H.B. Fuller Can Support Customers
Adhesives and coatings play a critical role in packaging, recyclability, and sustainable design. While adhesives themselves are largely not recycled, they must be compatible with recycling processes. In some applications, they need to separate or wash-off cleanly. In others, they must integrate without compromising material quality or the value of the recovered material.
At H.B. Fuller, we invest in research, development, and testing to help customers design packaging for performance and recyclability. With testing capabilities at our facilities in Willow Lake, Minnesota, and Blois, France, we evaluate adhesive performance during paper and board recycling and support customers in selecting solutions that align with sustainable packaging goals.
We are members of the APR and offer APR-recognized adhesives for PET wrap-around labeling and mono-material PE flexible packaging lamination. We also collaborate with organizations such as the Fiber Box Association (FBA) and accredited testing institutes to support adhesive solutions for paper and board packaging.
As EPR requirements continue to evolve, companies should not wait until deadlines are imminent. Now is the time to evaluate packaging data, material choices, and recyclability opportunities.
Choosing the right adhesive means optimizing your process and advancing your sustainability journey from the very start. Contact H.B. Fuller to find the right adhesive solution for your packaging.
Disclaimer: This article is for informational purposes only and is not legal or regulatory advice. This article is based on publicly available information that has not been independently verified and should not be relied upon. The article may be changed without notice and is not guaranteed to be complete, correct or up to date. The opinions expressed in this article are the opinions of the author and not those of H.B. Fuller Company.
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