If you’ve ever looked at your warehouse or shipping corner full of polybags, branded mailers, shrink wrap and shiny corrugated boxes and thought, surely this won’t come back to haunt me, we have news: It’s about to.

Extended producer responsibility packaging laws are marching across the U.S., clipboard in hand, ready to ask questions like, “How much does the packaging of your shipment weigh?” and “Who’s responsible for it?”

Spoiler: It could very well be you.

While we’re not here to give legal advice (or doom), we are here to suggest you not ignore this. These state-level laws are real, they’re multiplying like packing peanuts in a gust of wind, and they’re going to affect both suppliers and distributors.

Imagine the environmental version of “you break it, you buy it” – except it’s “you wrap it, you recycle it.'”

Elizabeth Wimbush

Director of Sustainability & Responsibility, PPAI

Wait, What?

EPR for packaging is an increasingly popular policy trend in the U.S. designed to make the companies that create packaging responsible for dealing with it after it’s used. Imagine the environmental version of “you break it, you buy it” – except it’s “you wrap it, you recycle it.”

Practically speaking, this means companies will need to:

  • Report the packaging materials they use.
  • Pay fees based on recyclability and volume.
  • Possibly lose sleep over the true cost of that metallic bubble mailer you loved so much.


Maine was the first state to pass EPR legislation in 2021. Oregon, Colorado and California soon followed, and in May 2024, Minnesota joined the packaging party. Washington’s governor signed an EPR law just week ago (May 17), and other states (Illinois, Maryland) are peering over the legislative fences and looking mighty curious.

The good news? You still have time to get organized. But you will need to get organized.

Promo’s Problem

Our industry, with drop-ship models, co-branding, third-party decorators, kitting services and custom packaging galore, doesn’t just “place products on the market.” We launch them like confetti cannons.

And that’s where things get tricky. EPR laws define “producer” broadly. If you import, manufacture, distribute or sell packaged goods into one of the states with EPR laws, you could be on the hook.

  • Not all packaging is obvious. EPR laws don’t just target outer boxes. Inner trays, inserts, sleeves, hangtags, void fill, ribbon and even the little sticker that says “eco-friendly” are all potentially in scope.


Clients may ask questions. And when they do, “I’m not sure what the box is made of, but it’s recyclable … in spirit,” won’t cut it.

Happening Right Now

Each state’s EPR law is a little different, but here are some universal truths:

  • You’ll be expected to register with a Producer Responsibility Organization, a third party that manages compliance and collects fees.
  • You’ll need to report how much and what kind of packaging you use. This includes weights, materials and recyclability.
  • You’ll pay eco-modulated fees. Translation: If your packaging is hard to recycle or unnecessarily bulky, you’ll likely pay more. Just like airlines and carry-on bags.


And yes, even if you’re based in a state with no EPR law, if you ship products into one that does, congratulations – you’re part of the system.

Avoiding Panic

Let’s be honest: No one got into promo because they were passionate about reporting polybag weights by state. But here’s how to get ready without flipping a desk:

1. Figure out if you’re a “producer” under state law.

Don’t assume it’s someone else’s problem. First, review whether your company puts finished packaged goods into EPR- affected states.

2. Start a packaging audit.

If you don’t package directly, ask your suppliers: What materials are being used? Are they recyclable? Can they prove it? Press for details. Even if you primarily ship into states without EPR laws now, that could change in the very near future, so it’s best to be prepared.

3. Talk to your supply chain.

Communication is key. If you don’t control the packaging, make sure you’re working with people who do, and that they’re ready to share the data you’ll need.

4. Rethink packaging design.

This is an opportunity in disguise. Lighter, simpler, recyclable packaging isn’t just good for compliance – it’s often cheaper to ship and more appealing to end buyers.

5. Follow evolving deadlines.

Implementation timelines are still shifting, so don’t hit snooze forever. Bookmark the PRO sites and the state agency sites, and subscribe for updates from credible sources.

6. Learn from your peers.

Attend PPAI’s Responsibility Summit in September to learn from the industry’s experts on how they’re approaching this, as well as other pressing compliance and responsible sourcing concerns.

EPR laws are coming, ready or not. And while they might feel like another alphabet soup of compliance acronyms, they’re also a clear signal: The era of throwaway packaging is ending.

For promotional products companies, this is a chance to step up, embrace smarter design, work with better partners and show buyers we’re not just slapping logos on stuff. We’re thinking about where that stuff ends up and breaking up with “brandfill” for good.

Wimbush is the director of sustainability and responsibility at PPAI.