Zlata Golubeva
The EPR Shockwave Is Your Brand Compliant
EPR packaging laws are now live in the US. For ecommerce brands, this means new risks, operational demands, and mandatory fees. Here's what you need to do to comply.
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Introduction
That distant rumble you've been hearing from the world of environmental regulation? It's officially at your doorstep. For U.S. ecommerce brands, Extended Producer Responsibility (EPR) for packaging is no longer a European problem or a future headache—it's a live, active compliance mandate with major deadlines hitting right now.
This isn't just another line item on a spreadsheet. States across the country are now legally requiring brands to pay for the recycling of their own packaging. In Oregon alone, the March 2025 deadline saw "over 1,700 producers" submit reports, according to repurpose.global. Many more scrambled during the grace period.
This is a massive operational shift, and if you're not prepared, you're already behind.
Key Takeaways
The Reality of EPR It's Here and It's Happening Now
If you've been treating Extended Producer Responsibility (EPR) as some far-off problem, it's time for a reality check. For ecommerce brands in the U.S., the game has officially changed.
These aren't just theoretical regulations anymore... they are active laws with fast-approaching deadlines that carry significant operational and financial risks.
The core idea of EPR is simple but totally disruptive, it shifts the financial and operational burden of managing packaging waste from the public sector (and taxpayers) directly onto the companies that create and sell the packaging.
Think of it as a mandatory "you packed it, you pay for it" system, but on a national scale.
So, What Exactly Changed?
Instead of cities and towns footing the bill for recycling programs, the brands selling into states with EPR laws are now required to fund the entire system. This is done through fees paid to a Producer Responsibility Organization (PRO), which then manages the state's recycling infrastructure.
It's a fundamental rewiring of waste management economics. A real sea change.
And this isn't just a West Coast thing. With states from Oregon to Maine rolling out compliance, it’s a nationwide challenge. As DLA Piper noted in a 2025 briefing, this year "will see much-anticipated compliance rollouts in three states as data reporting and producer fee obligations take effect."
The time for waiting and seeing is officially over. Our Compliance & Protection services are designed to help brands navigate this new reality.
The US EPR Hot Zones Where These Laws Are Active
The EPR movement isn't happening everywhere at once, but a critical number of states have now put laws on the books. This creates a complex patchwork of regulations that any brand selling nationwide has to navigate.
As of mid-2025, six states are leading the charge, with several others having introduced similar legislation. Each state has its own timeline and special quirks, but they all share the same goal, making producers pay for packaging recycling.
State-by-State EPR Snapshot
Understanding the landscape is the first step. Here’s a quick breakdown of the key states and where they stand. Some are already in the reporting phase, while others are gearing up for it.
State | Law Name | Current Status (as of mid-2025) |
|---|---|---|
Oregon | Plastic Pollution and Recycling Modernization Act | Active & Enforcing. First reports and payments were due in 2025. |
California | SB 54 | Implementation Underway. PRO formation and rulemaking in progress. Reporting deadlines are coming up fast. |
Maine | LD 1541 | Rulemaking in Progress. First reports expected soon. |
Colorado | Producer Responsibility Program for Recycling | Active & Enforcing. Needs assessment complete, producer registration open. |
Maryland | HB 281/SB 222 | Needs Assessment Phase. Rulemaking and implementation to follow. |
Washington | Washington Recycling and Packaging (WRAP) Act | Implementation starting. Producer registration and reporting timelines being established. |
This table isn't set in stone. More states are expected to join, making a centralized compliance strategy more important than ever. Managing these complexities is a core part of our global marketplace expansion strategy for brands.
Your New Compliance Checklist The Core Demands of EPR
So, what does EPR packaging compliance in the USA actually require you to do? It really boils down to four critical, non-negotiable actions. Ignoring any one of these can lead to some serious trouble.
This isn't just about paperwork. It's a fundamental shift in how you operate, demanding a whole new level of detail in how you track and manage your packaging.
1. Granular Data Collection
This is the absolute foundation. You can't report or pay fees on what you don't measure. Brands must now collect incredibly detailed data on every single piece of packaging put on the market in an EPR state.
Material Type: Plastic resin codes, paper grades, glass color, metal type... all of it.
Material Weight: Accurate weight for each tiny component.
Packaging Format: Is it a bottle, a clamshell, a flexible pouch, a cardboard box? You need to know.
Getting this data often means going back to your suppliers and digging into spec sheets. It's a heavy lift, especially if your fulfillment and logistics data isn't centralized.
2. PRO Registration
You can't go it alone. Brands are required to register with a state-approved Producer Responsibility Organization (PRO). The PRO acts as the middleman, managing the collective responsibilities of all its member companies. Think of them as the "compliance hub" for the entire state.
3. Filing Reports
Once you have your data, you have to file detailed reports with your PRO. These reports declare the total amount and type of packaging you've placed into that state's market. The deadlines are strict and the reporting portals can be... let's just say, unfamiliar and clunky.
4. Paying Fees
This is where the financial impact really hits. Based on your reported data, the PRO will send you an invoice for your share of the cost to manage and recycle that packaging. Higher-impact, harder-to-recycle materials mean higher fees, creating a direct financial reason to adopt more sustainable packaging.
The PRO You Need to Know Circular Action Alliance (CAA)
Navigating the web of state-level organizations can be confusing, but there's one name that has emerged as the key player in the US EPR landscape, the Circular Action Alliance (CAA).
Understanding what a PRO does and why CAA is so important is critical for any brand trying to build a compliance strategy. They are, for all practical purposes, the gatekeepers of EPR compliance in several key states.
What is a PRO's Job Anyway?
A PRO isn't a government agency. It's an independent organization tasked with putting the state's EPR law into action on behalf of its producer members. Their main jobs include:
Registering Producers: Formally signing up all companies that are subject to the law.
Collecting Fees: Calculating and invoicing members for their slice of the program costs.
Managing Funds: Distributing the collected money to recyclers and cities to improve infrastructure.
Reporting to the State: Rolling up all the member data and reporting it to state environmental agencies to prove the law's goals are being met.
Why CAA is a Big Deal
Simplicity in a complex world is a rare thing. For EPR, CAA provides some. According to a 2025 brief from law firm DLA Piper, "Brands must register with Circular Action Alliance (CAA), the only approved PRO for all operational states" at the moment. This makes them the single point of contact for compliance in Colorado and Oregon, with more states likely to follow.
For ecommerce sellers, this is a huge piece of the puzzle. Instead of juggling multiple organizations, you can centralize your registration and reporting for several states through one single entity. However, you still need to provide data that is specific to each state. It's a complexity we help manage through our centralized data platform.
The Oregon Case Study What Happens When EPR Goes Live
Theory is one thing, but what happens when an EPR law is actually enforced? We all got a front-row seat in Oregon, and it served as a major wake-up call for brands of all sizes.
The rollout was... anything but smooth. According to reports from sources like Packaging School and repurpose.global, even huge CPG companies struggled with "unfamiliar reporting portals and last-minute requirement changes."
For smaller DTC brands, the strain was even greater.
Amazon Sellers Feel the Heat
The impact was felt sharply in the marketplace world. Threads on Amazon Seller Central forums and Reddit's r/FulfillmentbyAmazon absolutely lit up with reports of DTC brands pausing shipments to Oregon entirely.
Why? To avoid the risk of non-compliance and potential penalties.
Even more alarming, some sellers reported receiving notices from Amazon threatening product delistings unless they could provide proof of EPR registration through the Circular Action Alliance. This proves that marketplaces are now actively enforcing these state-level laws to protect themselves, putting the compliance burden squarely on the sellers. This is why having strong Amazon brand protection is no longer optional.
The Shift in Responsibility
The Oregon situation perfectly illustrates the economic shift at the heart of EPR. It's a complete reversal of who handles the end-of-life costs for packaging.
Cost Factor | The Old Way (Pre-EPR) | The New Way (With EPR) |
|---|---|---|
Recycling Bin Collection | Paid by city/county (taxpayers) | Funded by Producer Fees |
Sorting Facility Operations | Paid by city/county (taxpayers) | Funded by Producer Fees |
Consumer Education | Paid by city/county (taxpayers) | Funded by Producer Fees |
Compliance Burden | Minimal/None for producers | Falls entirely on Producers |
Despite the chaos, the law is working as intended. Over 1,700 producers registered in Oregon by the deadline, showing that while challenging, compliance is happening at a huge scale.
Who Is the Producer Answering the Million-Dollar Question
Perhaps the most critical and confusing question for ecommerce brands is this, in the eyes of the law, who is actually the "producer"?
The answer determines where the buck stops.
Unfortunately, it's not always super simple. The definition can vary slightly by state, but there's a general hierarchy that usually applies. For most ecommerce sellers, the responsibility falls squarely on their shoulders.
The Producer Hierarchy
Generally, the producer is the entity that first places the packaged product onto the market in a given state. Here’s how it typically breaks down for ecommerce:
The Brand Owner: If you own the brand and sell your products in an EPR state (either DTC or through a marketplace), you are the producer. This is the most common scenario for private label sellers and established brands.
The Importer: If you are importing and selling a product owned by a foreign company with no U.S. presence, you become the producer. The law looks for the first U.S.-based entity in the supply chain.
The Marketplace (Sometimes): In some places, if the brand owner can't be identified or isn't compliant, the responsibility can roll up to the marketplace operator (like Amazon or Walmart). However, as we saw in Oregon, marketplaces are proactively forcing brands to comply to avoid this. You absolutely cannot assume the marketplace will handle it for you.
What About DTC vs. Marketplace Sellers?
The rules apply regardless of your sales channel. Whether you ship from your own warehouse or use FBA doesn't change your status as the producer.
The key factor is that your packaged product is being sold to a consumer in an EPR state.
This is a major reason why getting a handle on compliance is so vital. It's an issue that touches every part of your business, from supply chain and finance to marketing and potential global expansion.
What Happens If We Just Ignore EPR
It's tempting, we get it. Looking at this mountain of new regulations and thinking, "Can't we just fly under the radar?"
Frankly, that's a dangerous and epensive gamble. The risks of non-compliance are very real, and they go far beyond a simple slap on the wrist.
State agencies and, maybe more importantly, marketplaces are actively building enforcement mechanisms. The grace periods are ending, and the consequences are becoming crystal clear.
The High Cost of Inaction
Financial Penalties
This is the most direct consequence. States have the power to levy significant daily fines for failing to register, report, or pay fees. These penalties can add up shockingly fast, turning a compliance cost into a major financial liability.
Operational Shutdowns
For many brands, this is an even bigger threat than fines. As we saw in the Oregon case study, non-compliance can lead to:
Marketplace Delistings: Amazon and other platforms can and will remove your products if you can't provide proof of EPR registration. Simple as that.
Shipping Blocks: To avoid risk, some brands have had to completely halt sales and shipments into EPR states, voluntarily sacrificing revenue.
Reputational Damage
Being publicly named as a non-compliant company can seriously damage consumer trust. In an era where sustainability is increasingly important to shoppers, being seen as environmentally irresponsible is not a good look.
This Isn't a Problem You Can Outsource Away
While you're ultimately responsible, you don't have to face it alone. Navigating this web of state laws, data requirements, and reporting portals is exactly the kind of complex, high-stakes challenge we specialize in. Our Compliance & Protection team helps brands build and execute strategies to stay ahead of regulations like EPR, MoCRA, and more.
It’s about turning a regulatory headache into a streamlined business process.
Your Action Plan How to Get Compliant Now
Feeling overwhelmed? That's completely understandable. The good news is that you can tackle this with a clear, step-by-step approach. The key is to start now, be methodical, and treat this as a core business function, not a one-off project.
Here is a practical game plan to get your house in order and prepare for EPR packaging compliance in the USA.
Step 1 Conduct a Full Packaging Audit
You can't manage what you don't measure. This is your immediate priority. No excuses.
Work with your suppliers to gather detailed specifications for every component of your packaging.
Create a centralized spreadsheet or database with the material type, weight, and format for each and every SKU.
Don't forget secondary packaging like mailers, void fill, and tape if you handle your own DTC fulfillment!
Step 2 Assign Internal Ownership
EPR compliance is not a side project for an intern. You need to designate a specific person or team to OWN this process. This person will be responsible for tracking state laws, managing the data, and coordinating with your PRO.
Step 3 Engage with the PRO
Don't wait. Go to the Circular Action Alliance website and begin the registration process. Understand their reporting portal, data requirements, and fee schedules. The DLA Piper briefing was clear, brands "must register with Circular Action Alliance (CAA)," so this step is non-negotiable for states like Colorado and Oregon.
Step 4 Integrate and Automate
Manual data pulls are a recipe for errors and wasted time. Look for ways to integrate this new data requirement into your existing systems. At Fifth Shelf, we help clients build these requirements into their operational dashboards, making data collection a seamless part of their fulfillment and logistics workflow.
This ensures that compliance isn't a massive scramble every time a deadline approaches.
Tackling complex rules is just part of scaling a brand. Just like you might need an ecommerce accessibility checklist for your website, you now need an EPR plan for your products.
Conclusion
Extended Producer Responsibility is no longer a "future" concept—it's a present-day reality for any brand selling in the United States. The era of treating packaging as someone else's problem is officially over. With states like Oregon, California, and Colorado leading the charge, the operational and financial demands on producers are significant and absolutely non-negotiable.
The path to compliance requires immediate action, a deep audit of your packaging, clear internal ownership, and proactive engagement with PROs like the Circular Action Alliance. Ignoring this shift isn't a strategy; it's a direct risk to your revenue and your access to the market.
Navigating this complex regulatory landscape can be daunting, but it's a manageable challenge with the right approach and expertise. If you're struggling to make sense of your obligations or need help building a streamlined compliance system, our team is here to help. We turn these regulatory burdens into strategic advantages.
Sources
https://repurpose.global/blog/post/2025-update-epr-packaging-legislation
https://www.dlapiper.com/en-us/insights/publications/2025/01/state-epr-roundup-2025-compliance-deadlines-approach
https://packagingschool.com/lessons/key-epr-for-packaging-dates-in-2025-united-states
https://repurpose.global/blog/post/2025-update-epr-packaging-legislation
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