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EPR Is Here: Designing Packaging for Compliance

Posted on

November 11, 2026

• 

  Matthew Wright

  Founder & Executive Chairman, Specright

EPR Sustainability Sustainable Packaging

Extended producer responsibility (EPR) is no longer a future consideration for packaging teams. It’s affecting them now. Fees are being set, reporting windows are open, and material decisions made today will affect companies two years from now.

We work alongside brands, suppliers and industry organizations navigating this shift every day and one message gets repeated consistently: the companies that treat EPR as a data and design challenge, not a once-a-year reporting exercise, are the ones positioned to control costs and keep access to key markets.

A patchwork that’s only getting bigger

Seven US states have passed packaging EPR laws, and another 14 have introduced legislation. That’s 21 of 50 states, and the landscape is still forming, making the question not whether compliance will impact you, but how many jurisdictions to comply with.

The landscape is challenging because there isn’t any single law or framework. Each state brings its own timeline, definitions and reporting requirements — and every one of them wants to know exactly what’s in your packaging: the materials, the weights, whether it’s actually recyclable.

Colorado is already setting fees based on 2025 data. Between 2028 and 2030, complexity increases further as states like California with SB-54 begin mandating recycled content. None of this runs on estimates, but on precise, defensible packaging data. The companies who start now are the ones who’ll treat these deadlines as routine whereas everyone else will be scrambling, SKU by SKU, up against the clock.

“Wait and see” is the most expensive strategy

It’s tempting to hold back and wait for legal challenges to play out or to watch what competitors do first. Regulators anticipated that response. California’s penalties for failing to report, or misreporting, can reach $50,000 per day, per violation. Beyond fines, non-compliance can cost a brand the right to sell into some of the country’s largest markets.

Circularity is where the savings are

Since EPR programs are still relatively new and rules are being written each month, the smartest move is to act on what’s already clear. According to our partner at IoPP, Matt Swenson, they are seeing the strongest certainty in one area: the more circular the packaging, the lower the fees.

The gaps are significant. A natural, clear bottle carries roughly 2.5 times lower fees than the same polymer with added pigment. Across covered materials lists, materials with a path to collection average about 5 times lower fees than those without one.

“The clock is running right now. The actions that we’re taking today have real dollar consequences on our portfolio.” — Matt Swenson, IoPP, Board of Directors

Today’s Early Adopters Guide Tomorrow’s Increased Adoption 

Though EPR runs on a lag, every packaging format in your portfolio is already mapped to a fee category. Material is sold one year, reported the next and paid for the year after. Newly released 2027 fee schedules aren’t a preview of the future; they’re the bill coming due for decisions already made. 

Technically, companies are already paying for the materials we’ve produced in the past. Oregon, for example, lowered this year’s rates to rebalance prior over-collection, with rates expected to return to normal next year. California gives us more clarity in what to expect, as the program plan has annual fees that are 2-3x what they are today as they build out the recovery and infrastructure needed.

Above the fees increasing, we’re also monitoring additional states that could launch EPR programs of their own. New York has been on the precipice of adoption for a number of years. Many states are watching their neighbors to assess how EPR fees are functioning, and how they’re working to build out recycling systems.

EPR is a cross-functional decision

Packaging teams can’t solve this alone, it’s a whole business conversation. Finance needs to model the portfolio’s EPR fees so they know what costs will be. Marketing needs a voice when a move from pigmented to clear changes shelf presence. Operations needs to know whether a more recyclable material affects line speed. None of these changes can be made at the eleventh hour.

Designing for compliance starts with data

Packaging has always been designed for the consumer. However, this remains difficult as packaging data remains scattered across spreadsheets, systems and suppliers.

This fragmentation is the real bottleneck. It isn’t a lack of willingness, rather a lack of the right tools. Compliance-ready data goes beyond a traditional bill of materials and needs to include additives, coatings, and how components like labels interact with the recycling stream.

The answer to this fragmentation can be found in adopting a singular data foundation that both internal teams and suppliers can access. When a specification changes, the record changes with it. So, the data is always current and fee calculations reflect what’s actually on the shelf. When shifting to an auditable source of truth for packaging data, Specright customers see an average of 28% annual savings on sustainability fees.

EPR is a discipline, not a project

Many organizations still approach EPR as a project: file the report, check the box, move on. But the landscape is anything but static. That’s why packaging data has to be living. As products are redesigned to reduce fees and stay compliant, the data foundation should evolve with them. 

EPR has provided packaging leaders with the responsibility to move organizations forward. As Swenson puts it, those who find innovative solutions, whether in materials or in process, will be rewarded. To learn how to fully leverage EPR and gain more insights from Matt Swenson, IoPP Board of Directors, check out this webinar. 

It’s time to be the change maker that addresses these challenges head on — get a demo of Specright today.