Packaging EPR Laws: What Branded Merch Buyers Should Ask

Packaging EPR laws are moving from statute books into real programs, and branded merchandise rides inside a lot of packaging: individual product boxes, gift tubes, kit mailers and shipping cartons. Extended producer responsibility (EPR) shifts the cost of managing packaging waste onto designated "producers." For merch buyers, the practical questions are what packaging you are specifying, who counts as the producer, and what information your suppliers can give you.

Where packaging EPR laws stand in November 2026

An ASI report published November 9 lists seven states with EPR laws for packaging and printed paper: California, Colorado, Maine, Maryland, Minnesota, Oregon and Washington. ASI explains that these laws can require covered businesses to join recycling programs, report data and potentially pay fees. It names individually packaged drinkware, custom gift boxes and branded kits, inserts and fulfillment shipping materials as packaging the promo industry uses.

California is the closest to watch. CalRecycle's SB 54 page says it received Circular Action Alliance's producer responsibility plan on October 13, 2026, has 75 days to review it, and is accepting public comments through November 13, 2026. The agency also says the next update to its Covered Material Categories list will be published by January 1, 2027. Packaging Dive reported that implementation is anticipated in 2027 and that lawsuits seeking to block SB 54 are still active.

The Promotional Products Association International also launched a state-level tracking tool on November 5 that lists EPR among its focus areas, which is a useful bookmark if you buy for several states.

Who counts as the producer?

That depends on each state's definition, and it is a legal question, not a purchasing one. The ASI report quotes PRINTING United Alliance advising distributors to compare their role against each state's definition, considering where products are sold, whose brand they carry and where they sit in the supply chain. The same logic applies to end buyers: if your company's brand is on a custom box sold or distributed into a covered state, ask your compliance or legal team whether you have obligations. Do not assume a supplier is handling it.

Questions to ask suppliers before you order kits and gift boxes

• What packaging comes with the item? Ask for a component list: box, insert, polybag, tissue and outer carton, with materials.
• Can it ship bulk-packed? Many products can arrive in a master carton without individual boxes when they are going to one office.
• Which materials are in the custom piece? A branded gift tube or rigid box is packaging too. Ask what it is made of and whether it combines materials.
• What documentation exists? If a supplier reports into a state program, ask what data it can share for your own assessment.
• Can we skip extras? Inserts, extra wrap and oversized boxes add material without adding value.

Design choices that reduce packaging

The simplest lever is to package less. A tumbler going into a group onboarding kit rarely needs its own retail box if the kit box protects it. A presentation tube makes sense for a client gift, but not for a hundred units handed out at an office meeting. Match the packaging to how the item will actually be given.

Careful with recycling claims

EPR is arriving alongside closer scrutiny of environmental marketing. ASI notes that California's SB 343 limits recycling symbols and recyclability claims unless criteria are met, although a federal court temporarily blocked its enforcement in July 2026. If you print "recyclable" on a kit box or insert, have the basis for that claim on file. If you cannot document it, leave it off.

Packaging EPR laws: a buyer checklist

Packaging EPR laws will keep changing state by state. For now, keep a simple record for each program: the packaging components, materials, the states you ship into and the supplier's answers. That record makes a compliance conversation quick, and it often reveals packaging you can drop. If a supplier proposes a different box to meet a deadline, our guide to controlling specs on substitutions helps you keep the spec you approved.

Sources

• ASI, Nov. 9, 2026: 4 Legislative Trends Print & Promo Companies Should Watch
• CalRecycle: SB 54 Plastic Pollution Prevention and Packaging Producer Responsibility Act
• Packaging Dive, Oct. 14, 2026: CAA shares revised California EPR program plan
• PPAI, Nov. 5, 2026: PPAI Launches New State-Level Advocacy Tool