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ARTICLE · 10 DECEMBER 2024

What You Need To Know About Extended Producer Responsibility (EPR) Programs

Kelley Drye & Warren LLP
Kelley Drye & Warren LLP
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Kelley Drye & Warren LLP

Kelley Drye & Warren LLP

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If you manufacture or sell packaging or products that are sold in packaging, you should be mindful of a movement to impose liability for packaging waste through Extended Producer Responsibility, or ​"EPR."

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If you manufacture or sell packaging or products that are sold in packaging, you should be mindful of a movement to impose liability for packaging waste through Extended Producer Responsibility, or "EPR." EPR is a policy approach that requires producers of products within the scope of relevant laws to be responsible for the end-of-life management of the product, such as disposal and recycling costs.

Packaging laws shift the responsibility for packaging waste from the consumer and government to the company manufacturing or selling the product, and they incentivize the design of more sustainable packaging.

EPR laws impose a host of legal obligations on producers, including:

  • Fees based on the volume and type of packaging produced and introduced into the market. Speaking broadly, entities that introduce more material and less sustainable material are expected to pay higher fees. These fees in turn are allocated to fund collection, recycling, and final

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