Extended producer responsibility (EPR) programs for packaging are ramping up as program start dates approach. The Circular Action Alliance (CAA)—the designated producer responsibility organization for six of the seven states with enacted packaging EPR laws—has announced producer reporting deadlines of May 31, 2026, with the scope of reporting varying by state.
EPR Packaging Laws
EPR, or product stewardship, programs for packaging aim to shift financial and operational responsibility for packaging waste management from local jurisdictions to producers. These laws also encourage product design changes that minimize environmental impacts, reduce landfill waste, promote recycling, and support recycling and materials management goals. Over the past decade, states have established EPR programs for products such as batteries, paints, pharmaceuticals—and now, packaging.
Seven states—California, Colorado, Maine, Maryland, Minnesota, Oregon, and Washington—have enacted EPR legislation for packaging, while many others have introduced similar measures.
EPR packaging laws require producers of “covered materials” to register with a producer responsibility organization (PRO), report supply volumes, and pay fees for covered material introduced in or into the state.
Packaging EPR laws vary in scope but generally “covered material” includes packaging materials (e.g., protective containers, shipping boxes, and bubble wrap); food service ware (e.g., single-use utensils, plastic-coated food packaging, and food service trays); and, in some states, paper products (e.g., magazines, catalogs, and office paper). The definition of “producer” also varies by state but typically includes brand owners, brand licensees, manufacturers, importers, and distributors.
Many states include producer exemptions based on annual revenue and the volume of covered products introduced in or into the state. Some states have other exemptions, such as for business-to-business transactions, drugs, and medical devices.
Reporting Deadlines
The PRO (i.e., the CAA in six states) is tasked with program implementation, including administering producer reporting obligations and setting deadlines. CAA has implemented a reporting deadline of May 31, 2026 for producers to submit state-specific supply reports and has opened producer reporting portals for California, Colorado, Minnesota, Oregon, Maryland, and Washington.
What Reports Are Due?
Obligated producers must submit:
- Annual reports for Colorado and Oregon by May 31, 2026.
- Simplified reports for Maryland, Minnesota, and Washington by May 31, 2026.
- California annual and baseline supply reports by June 1, 2026.
In addition, California requires producers to submit a separate source reduction report by May 31, 2026.
Registered producers should use CAA’s state- and report-specific guidance documents and workbooks, accessible through producer portals, to facilitate preparing these reports.
CAA has identified the following report types required for each state program:
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Annual Supply Report (California, Colorado, and Oregon).
Annual reports should contain 2025 supply data on the total weight of covered material, as well as a breakdown by state-specific material categories, for covered material supplied in or into the state, in accordance with CAA’s state-specific guidance. The contents of these reports should be similar to California’s baseline producer report, which was based on 2023 supply data, except that California is the only state requiring information on the number of plastic components associated with covered material.
Producers may submit both California annual and baseline supply reports by June 1, 2026. California’s regulations were finalized on May 1, 2026, triggering a 30-day window for submitting outstanding baseline producer reports. That deadline aligns with the annual supply report due date of May 31, 2026; because May 31 falls on a Sunday, CalRecycle is allowing both reports to be submitted by Monday, June 1, 2026. CalRecycle has also launched an online portal for independent producer registration, published a new producer webpage, and indicated that additional guidance materials will be released. - Simplified Supply Report (Maryland, Minnesota, and Washington). Simplified supply reports are intended to streamline reporting across EPR states by allowing producers to report covered materials using eight broad material categories: printing and writing paper, metal, rigid plastic, wood/other organic materials, glass/ceramics, paper/fiber, flexible plastic, and compostable materials. Producers should aggregate weights from their existing detailed categories and report totals under the appropriate simplified category. Reports should be based on 2025 supply data.
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Source Reduction Report (California).
Source reduction refers to the reduction in plastic covered material created by a producer relative to its 2023 baseline and is measured based on both the number of plastic components and the weight of plastic covered material sold, offered for sale, or distributed in California.
Producers are expected to achieve source reduction through five pathways: shifting from single-use to refillable or reusable packaging; eliminating a plastic component; shifting from plastic to nonplastic covered material; right-sizing packaging; and increasing the use of post-consumer recycled content. California also requires producers to submit individual source reduction (ISR) plans forecasting expected net source reduction over the course of the EPR program. CAA will publish a deadline for ISR plans by May 31, 2026, and has indicated that ISR plans will be due no later than August 1, 2026.
Environmental Marketing Claims and EPR
Companies should exercise caution when leveraging and publicizing sustainability efforts undertaken to comply with EPR laws. While EPR programs may incentivize companies to reduce packaging, improve recyclability, or shift toward more sustainable materials, marketers should balance the potential benefit for conveying these efforts against the risk.Environmental marketing claims are subject to increasing scrutiny from regulators, consumers, nongovernmental organizations (NGOs), and the plaintiff’s bar, while at the same time, the legal and regulatory landscape governing these claims (e.g., the Federal Trade Commission’s Green Guides and California’s SB 343) and waste management itself grows more complex. Companies should ensure that public statements about sustainability efforts or source reduction goals under state EPR laws are carefully tailored to comply with the applicable legal and regulatory regime governing environmental marketing claims while also considering potential litigation risk.
Next Steps
Obligated producers should begin compiling data and preparing reports to meet the CAA’s May 31, 2026 reporting deadlines. Producers in California should also evaluate 2025 source reduction activities and identify additional opportunities.Companies seeking to leverage sustainability efforts under state EPR laws should be aware of competing regulatory definitions, litigation, and enforcement action from state attorneys general. Given rapid developments in the EPR space, it is critical for companies to stay informed, particularly as reporting deadlines approach, programs ramp up, and states begin enforcement—for example, Oregon has notified noncompliant producers and released a publicly available list of noncompliant producers.
Alston & Bird advises numerous clients across the supply chain on compliance with state EPR laws and monitors legislative and regulatory developments. We are available to assist with evaluating producer obligations, identifying applicable exemptions, coordinating registration and reporting, advising on environmental claims, and otherwise addressing outstanding compliance obligations with state EPR laws.
If you have any questions, or would like additional information, please contact one of the attorneys on our Food & Beverage team or one of the attorneys our Environment, Land Use & Natural Resources team.
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