Five Retail Trends to Watch as EPR Laws Reshape the Industry
As Extended Producer Responsibility (EPR) laws gain momentum across the US, retailers must adapt existing packaging to meet evolving regulatory and sustainability demands.
This Week's Contributor
Five Retail Trends to Watch as EPR Laws Reshape the Industry
Retailers across the US are facing a new wave of environmental regulations that differ significantly by state, creating confusion, compliance challenges, and increased operational complexity. Recently, Maryland and Washington joined California, Colorado, Oregon, Maine, and Minnesota in passing extended producer responsibility (EPR) legislation for packaging and printed materials. These policies shift the cost and responsibility of packaging waste from governments to retail producers and manufacturers, signaling a major shift in how the retail industry addresses environmental impact.
Although the details vary by state, the core elements of these EPR laws remain consistent. Producers are required to report the volume and type of packaging they place on the market, pay fees based on the recyclability and environmental impact of their materials, and join a Producer Responsibility Organization (PRO). Retailers and manufactures must carefully review individual state laws to understand specific compliance obligations.
Below are five emerging retail trends and how EPR packaging laws will reshape them.
- Surging packaging waste from e-commerce and returns: The continued growth of e-commerce has resulted in significantly more packaging, ranging from double-boxed deliveries to plastic film, bubble wrap, and materials required for return logistics.
- Impact under EPR: Producers will be financially responsible for both the volume and composition of their packaging materials. The use of non-recyclable materials, excess packaging, or packaging that hinders reuse, or recycling will result in higher fees under EPR programs.
- Shift from voluntary to mandatory waste tracking and sustainability reporting: In recent years, many national and midsize retailers have voluntarily tracked waste to support ESG disclosures, sustainability commitments, and internal performance goals.
- Impact under EPR: Tracking efforts will no longer be optional under EPR laws. Most EPR programs require producers to annually submit detailed packaging data that demonstrates environmental performance. Retailers without advanced data management systems may be subject to penalties for noncompliance.
- Expansion of private label brands: Retailers are increasingly investing in private label products to meet consumer demand for affordability and product diversity, while building brand loyalty.
- Impact under EPR: In most states the brand owner is considered the obligated producer. For private label products, this responsibility falls to the brand owner, who must register with a state designated PRO, report packaging data, and pay applicable program fees.
- Demand for verified sustainable packaging and environmental claims: As consumers seek environmentally friendly options, more retailers are marketing products as “sustainable” or “eco-friendly.” However, many of these claims lack standardized definitions or independent verification, raising concerns about greenwashing.
- Impact under EPR: EPR laws establish stricter standards for recyclability and composability. Retailers must verify that packaging is widely recyclable and compostable in each state based on available existing collection systems. Claims that are not supported by verifiable data may lead to regulatory scrutiny.
- Emergence of refillable and reusable packaging: Refillable and reusable packaging systems are gaining traction globally as a way to reduce single-use waste and strengthen customer relationships through sustainable incentives.
- Impact under EPR: EPR laws can accelerate the adoption of refill models and packaging designed for reuse. By reducing single-use packaging, retailers that adopt these models can lower producer fees and enhance their environmental performance.
The Bottom Line for Retailers and Manufacturers
As EPR legislation continues to expand, retailers must respond by building robust compliance frameworks, improving data collection and management of packaging materials, and innovating packaging design to minimize environmental impact. Well-managed packaging, waste, and regulatory strategies demonstrate environmental leadership and build trust with consumers and stakeholders.
Your Partner in EPR Compliance
APTIM’s waste and sustainability experts have supported retail producers and manufactures across industries in managing regulatory change, environmental impact, and complex waste streams for more than a decade. From regulatory monitoring and packaging audits to data and strategy development, APTIM provides clients with the resources necessary to remain compliant and build for long-term success.
Learn more about APTIM’s EPR, waste management, and environmental compliance and consulting services. Questions about EPR laws? Reach out to our team at Sustainability@APTIM.com.
Published July 2025
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