Packaging legislation in 2026 marks a turning point for companies operating in both the U.S. and globally. With Extended Producer Responsibility (EPR) programs advancing at the state level, the EU’s Packaging and Packaging Waste Regulation (PPWR) entering into force, and California’s SB 343 redefining recyclability claims, companies face a rapidly evolving regulatory landscape. Understanding what’s changing, and preparing now, will be essential for maintaining compliance and equipping customers through the transition.
U.S. Extended Producer Responsibility (EPR)
How EPR Works
EPR places the financial responsibility for packaging choices on “producers,” which are companies that sell packaged products into regulated states (typically brand owners). Producers pay material specific fees per-pound of product to the Producer Responsibility Organization (PRO), which distributes those funds to support collection, sorting, recycling infrastructure, and consumer education. Currently, the only approved PRO in the U.S. is the Circular Action Alliance (CAA).
For the full breakdown of how EPR works, see the Pregis 2025 EPR blog (state-by-state specifics subject to have changes)
2026 EPR Developments to Watch
Broader Adoption and Increasing Complexity
More states are pursuing EPR to address recycling system performance and funding gaps, with several key deadlines approaching in 2026. State-specific rules and timelines continue to create legal complexity for national brands.
Legal Developments
On February 6, 2026, the United States District Court for the District of Oregon granted a preliminary injunction preventing the state from enforcing Oregon’s Plastic Pollution and Recycling Modernization Act (RMA) against members of the National Association of Wholesaler-Distributors (NAW). Enforcement is paused for NAW members only until the trial in July 2026.
This adds to the growing legal complexity producers face as more states adopt EPR and strengthens the industry’s call for greater alignment across state programs.
How to Stay Ahead
- Register with the Circular Action Alliance (CAA): Producers must register with the designated PRO in states with active EPR programs to meet requirements and receive official guidance on reporting, timelines, and fee schedules.
- Prepare accurate packaging data: Producers will need detailed material and weight data for all packaging sold into regulated states. Suppliers play a critical role by proactively gathering and providing accurate, component‑level information. Building strong data systems now reduces future compliance risk and provides more granular data for current and emerging legislation.
- Submit initial EPR fee payments: Several states will begin collecting their first round of EPR fees in 2026. Follow the CAA for reporting deadlines and information.
- Continue prioritizing material reduction and total cost principles: As companies navigate evolving EPR requirements, it remains essential to keep packaging optimization and total cost considerations at the center of decision-making. Lightweighting, rightsizing, and material efficiency align with the core principles behind EPR fee structures. EPR fees represent only one portion of total cost of ownership, read the TCO blog series for a deeper look at how holistic packaging choices support both compliance and overall performance.
EU Packaging and Packaging Waste Regulation (PPWR)
How PPWR Works
The EU Packaging and Packaging Waste Regulation (PPWR) enters into force August 12, 2026, after completing its 18-month review period, replacing the former Packaging and Packaging Waste Directive. Unlike a directive, PPWR is directly applicable in all EU Member States, creating a uniform set of rules for packaging placed on the EU market.
PPWR aims to drive circularity, reduce waste, and harmonize rules across EU Member States. It sets requirements across the full life cycle of packaging, including environmental sustainability and labeling. It also establishes requirements for extended producer responsibility (EPR), packaging waste prevention and the collection and treatment of packaging waste.
PPWR applies to all packaging and packaging waste placed on the EU market, including packaging that originates from industry, other manufacturing, retail or distribution, offices, services, or households.
Packaging cannot be placed on the EU market after August 12, 2026 unless it meets PPWR requirements.
Key Requirements
Ecommerce and flexible packaging must comply with the following criteria to remain eligible on the EU market:
- Requirements for substances in packaging: Food‑contact packaging should be free of PFAS under PPWR chemical safety requirements
- Recyclable packaging: All packaging must be designed for material recycling and meet the criteria defined under EN 13430
- Minimum recycled content in plastic packaging: Requirements apply to any plastic component, calculated as an average per manufacturing plant and year
By 2030:- 10% for other contact‑sensitive plastics (e.g., flexible food pouches)
- 35% for all other plastic packaging (e.g., retail e‑commerce packaging)
- 25% for other contact‑sensitive plastics
- Compostable packaging: Only permitted for:
- tea bags and coffee filters
- sticky labels attached to fruit and vegetables
- very lightweight plastic carrier bags and certain organic waste related applications (bags intended for bio-waste collection)
Any packaging that is compostable must fully biodegrade with the industrially compostable standard, EN 13432
- Packaging minimization: By January 1, 2030, packaging must be reduced to the minimum weight and volume necessary while maintaining functionality
- Clear harmonized labels: Beginning August 12, 2028 (or 24 months after the EU publishes the relevant implementing acts, whichever comes later), all packaging placed on the EU market must carry a harmonized label indicating its material composition to support correct consumer sorting. The label must use clear pictograms and be easily understandable, including for people with disabilities.
How to Stay Ahead
- Use PPWR as a customer conversation starter: Help customers understand how EU rules signal broader global trends and how to comply when shipping globally
- Map your portfolio against PPWR requirements: Identify which products meet recyclability, minimization, and labeling rules and get your data ready for companies shipping globally
- Evaluate material efficiency opportunities: Lightweighting, rightsizing and monomaterial design will be increasingly expected globally
California’s Accurate Recycling Labeling Law (SB 343)
How SB 343 Works
California’s Accurate Recycling Labeling Law (SB 343) is reshaping how companies communicate recyclability on packaging. SB 343 is the first state level law to prohibit the use of the chasing arrows symbol, or any statement that implies recyclability, unless specific criteria are met.
The law does not ban the sale of packaging that is not recyclable; it bans the sale of packaging that makes false or misleading recyclability claims.
CalRecycle published an initial report denoting which packaging categories meet the first two criteria's of the law.
Criteria 1: At least 60% of California residents must have access to recycling programs that accept the material
Criteria 2: At least 60% of recycling programs must sort the material into a defined stream for recycling
Based on this analysis, CalRecycle has determined which materials can continue to be labeled “recyclable” and which cannot be. Many packaging formats previously considered “Widely Recyclable” by How2Recycle® have been reclassified to “Check Locally.” CalRecycle will periodically update this data.
How to Stay Ahead
- Audit your packaging portfolio and claims: Determine which recyclability claims remain compliant under SB 343 and identify formats that may be considered “at risk” based on CalRecycle’s criteria
- Maintain clear consumer education: Reinforce accurate recycling instructions and local best practices through sites like How2Recycle, especially as more formats shift to “Check Locally”
- Monitor CalRecycle updates: Stay aligned with evolving access, sortation, labeling and substantiation requirements as the state continues to refine its data
- Engage with SPC and How2Recycle: These organizations advocate for members by providing data to support CalRecycle’s recyclability assessments. Follow their updates to stay informed and involved as the law evolves.
2026 brings major shifts in packaging policy, and staying ahead will require proactive data, smart design choices and ongoing awareness. For continued updates and practical guidance, subscribe to the Pregis Knowledge Hub. To explore how Pregis can support your compliance and sustainability goals, connect with the Pregis Sustainability team.
