Material-focused packaging laws generally fall into three categories:

1. Outright bans – Certain materials or formats can no longer be sold or distributed once a law is phased in.

2. Fees and disincentives – Materials remain legal but incur mandatory charges, often at checkout or per unit.

3. Design requirements – Packaging must meet specific criteria, such as recycled content minimums or size limits.

Violations can result in fines, enforcement actions, or product removal.

Outright Packaging Bans

Bans are the most definitive regulatory tool. Once effective, restricted materials are no longer allowed in commerce within the jurisdiction.

Commonly Banned Materials and Formats

Across states and municipalities, bans most often target:

• Polystyrene (Styrofoam) – Food service ware and protective packaging, such as peanuts and molded blocks.

• PVC (polyvinyl chloride) – Difficult to recycle and associated with significant environmental and human health risks.

• PFAS (“forever chemicals”) – Used for grease and water resistance; linked to long-term toxicity.

• Single-use checkout bags – Thin plastic film and, increasingly, paper.

• Single-use straws and utensils – Particularly in food service contexts.

• Oversized e-commerce packaging – Addressed through emerging “right-sizing” laws.

Once banned, these materials cannot be distributed, even if alternatives are more expensive or operationally challenging.

Restrictions and fees allow certain materials to remain in circulation but discourage their use by imposing added costs, conditional access, or usage limitations. These policies are often easier to pass politically and can expand quickly.

Common approaches include:

• Per-item or per-bag fees – Often applied to paper or reusable bags where plastic bags are banned.

• Conditional allowances – Materials permitted only for specific uses (e.g., medical, accessibility, or food safety exemptions).

• Consumer opt-in requirements – Straws or utensils provided only upon request.

• Graduated fees or surcharges – Costs that increase over time to push material transitions.

While less definitive than bans, fees and restrictions can meaningfully affect consumer behavior, brand perception, and operating costs—especially at scale.

Source: Unsplash

Plastic Bag Bans

Plastic bag bans are among the most widespread packaging policies in the U.S. Our legislative map provides details on which states have active bans or restrictions.

• States with active bans include (but are not limited to): Colorado, California, Maine, Connecticut, New York, and Oregon.

• Hundreds of cities and counties, such as Boston (MA), Jackson Hole (WY), and Arlington (VA), have also enacted their own restrictions.

• Many laws pair bans or plastic bag fees with additional fees on paper or reusable bags, shifting consumer behavior while discouraging material substitution without waste reduction.

For brands with physical retail footprints, compliance often varies by city rather than by state.

Polystyrene (Styrofoam) Bans

Polystyrene bans are expanding quickly at both state and local levels.

• Active statewide bans exist in several states and municipalities, including California, Colorado, Hawaii, New Jersey, Oregon, and Washington.

• Regulations typically cover:

• Cups, clamshells, plates, and trays

• Loose-fill peanuts

• Molded foam protective packaging

Because polystyrene alternatives often affect cost, performance, and shipping efficiency, delayed transitions can be disruptive.

PFAS Bans

PFAS restrictions represent the fastest-growing category of packaging bans.

• More than a dozen states now prohibit intentionally added PFAS in food packaging.

• Many laws are written broadly, creating pathways for future expansion into non-food packaging categories.

• Enforcement timelines are accelerating as testing methods and reporting requirements mature.

At EcoEnclose, we proactively ensure all of our packaging solutions are PFAS-free—well ahead of these legislative trends—to reduce risk for our customers.

Design-Based Packaging Laws

Beyond banning materials outright, legislators are increasingly regulating how packaging is designed to reduce waste at the source.

Post-Consumer Recycled (PCR) Content Mandates

PCR mandates require packaging to include minimum levels of recycled material. Notable examples include:

• California (AB 793) – Plastic beverage bottles must contain:

• 15% PCR today

• 25% by 2025

• 50% by 2030

• Washington – Requires at least 15% PCR in certain plastic packaging.

• New Jersey, Maine, and Maryland have passed or proposed PCR minimums across multiple packaging categories.

In parallel, many EPR programs use eco-modulation, offering lower fees for packaging with higher PCR content—making PCR a compliance and cost-reduction strategy.

Right-Sizing and Packaging Minimization Laws

Right-sizing laws target excess packaging, particularly in e-commerce.

• New Jersey (SB S226) prohibits large retailers from shipping products in boxes more than twice the size of the item.

• Penalties range from $250 to $500 per violation.

This approach is likely to spread, especially as EPR frameworks increasingly reward packaging reduction alongside recyclability.

Material bans and design mandates are no longer edge-case policies; they are becoming a core part of packaging compliance. Brands should:

• Audit packaging portfolios for banned or high-risk materials (polystyrene, PVC, PFAS, thin plastic film).

• Transition early to compliant alternatives to avoid rushed, expensive changes.

• Integrate PCR strategically, anticipating both mandates and EPR fee modulation.

• Evaluate right-sizing opportunities to reduce material use, shipping costs, and regulatory exposure.

Our packaging compliance experts are ready to support your brand as you transition to more sustainable packaging. Get in touch today to get started on your project.