Strategies to Get Ahead of Legislation and Compliance
Posted By on May 14th 2025
by Saloni Doshi & Jessica Dowding • updated May 15, 2025 • 4 minute read
Most brands in our EcoAlly community have committed to sustainability and eco-friendly packaging driven by their internal values and personal convictions.
However, more and more, brands - whether they have chosen to prioritize sustainability or not - are working through questions around extended producer responsibility (EPR) and packaging requirements set forth by municipalities, states, countries, and retail partners.
One of the most exciting things about sustainable packaging requirements is also one of the biggest challenges.
It’s constantly changing.
This is exciting because it means more states, cities, brands, and retailers are progressing toward an environmentally conscious approach. But it also challenges you as you try to stay ahead of the curve and comply with the necessary guidelines and laws.
Based on what we see on the landscape today, we encourage all brands to adhere to a handful of guidelines, which will best position them for success as they navigate packaging laws, requirements, and recommendations.
Depending on your state, these action steps may be required. But even if they aren’t, implementing these strategies today can position you successfully long-term.
Table of Contents
- Eliminate PVC, polystyrene, and PFAs
- Minimize Single-Use Packaging
- Make Your Packaging Readily Recyclable
- Move Thoughtfully to Reusable Packaging
- Increase Recycled Content
- Reduce the Weight and Source Material
- Ensure Labeling is Clear and Informative
- Beware of "Compostable" Language
- Stay Current with PRO Updates
- Consider Third-Party Verification of Claims
- We’re here to help your business become EPR-compliant
Source: Unsplash
Eliminate PVC, polystyrene, and PFAs
PVC and polystyrene (Styrofoam) are relatively standard for e-commerce shipments but have easy replacements. PVC can typically be quickly swapped for recycled polyethylene or (in some situations) recycled paper. Styrofoam can almost always be replaced with paper-based void fill, corrugated inserts, or molded pulp.
PFAs are generally used in food service (and are not common in e-commerce and other non-food contact packaging). One unintended consequence of food service moving from plastic to paper packaging is the introduction of PFAs, which give paperboard the grease and moisture-resistant properties needed.
PFAs are common in restaurants’ take-out boxes, pizza boxes, fast food packaging, cupcake liners, ice cream tubs, and popcorn boxes. If you use packaging like this in your business, switch to PFA-free options, recognizing that these will likely be more expensive than those made with PFA.
Source: Unsplash
Minimize Single-Use Packaging
If you operate physical storefronts, minimize single-use packaging and bags, particularly lightweight (<1 mil) plastic bags.
It is optimal to execute this strategy in a way that encourages your customers to bring their reusable bags. Alternatively (especially if you operate a premium store), you can replace single-use bags with your company-branded reusable totes.
If you plan to replace plastic bags with paper shopping bags, look for paper bags with high levels of recycled content.
Source: EcoEnclose
Make Your Packaging Readily Recyclable
Make your packaging “monomaterial” where possible, meaning made with a single material, and avoid packaging materials that households do not have ready access to recycling such as polypropylene and Styrofoam.
If you are in food service and your packaging is likely to get discarded with food waste, make this packaging readily compostable.
Source: EcoEnclose
Move Thoughtfully to Reusable Packaging
In some instances, reusable packaging is an ecological and financial no-brainer. If you are in food service, this means reusable dishware and silverware. Consider Tupperware-style to-go containers that can be reused many times by customers.
In eCommerce, reusable packaging can make sense in certain situations but is often not the ecologically preferred approach. If your business model is one in which reusable packaging applies well, start testing out reusable mailer solutions.
Source: Unsplash
Increase Recycled Content
Increase the recycled content in your packaging, focusing on post-consumer waste. Recognize that waste material reused in the same manufacturing line does not constitute recycled content (according to the FTC) and should not be prioritized.
Source: EcoEnclose
Reduce the Weight and Source Material
Reduce the weight and source material in your packaging by finding ways to make your materials thinner or smaller packaging.
Source: EcoEnclose
Ensure Labeling is Clear and Informative
Review your packaging design and ensure your labeling is clear and informative.
Avoid using vague labels like “eco-friendly,” “recycled content,” and “compostable” in isolation. Add statistics and detail, such as “X% recycled content with a mix of pre- and post-consumer.”
Add the detail needed to help your consumers take the right end-of-life steps.
Source: Unsplash
Beware of "Compostable" Language
As more composters refine their operations for success and economic sustainability, many are removing packaging from their acceptable materials to reduce contamination and improve their compost output quality.
In Colorado, a 2023 law requires a "truth in labeling" for packaging and products labeled, marketed, or represented as "compostable." This law requires third-party validation and labeling distinction. Unless the product is compostable-certified, the bill makes using a composting label or implying such a deceptive trade practice violation.
For brands using paper-based packaging to reduce plastics or minimize potential end-of-life litter, we recommend using more accurate descriptors like "naturally biodegradable" instead of "compostable."
Source: Unsplash
Stay Current with PRO Updates
If you are in or sell product to end consumers within an EPR state, stay current as PROs are selected, and information becomes available to help guide brands on what packaging is covered, who the responsible parties are, and how to join and pay fees into PROs.
Source: EcoEnclose
Consider Third-Party Verification of Claims
As EPR and Truth in Labeling legislation go from development to active, brands will likely benefit by backing their packaging claims with third-party verification.
GRS (for plastics) and FSC (for paper) can support claims for recycled content. Recyclability claims, particularly for plastic packaging, can be backed by How2Recycle. Compostability claims can be backed by BPI.
EcoEnclose has a variety of packaging solutions that are verified by GRS, FSC, and H2R.
We’re here to help your business become EPR-compliant
Navigating EPR, packaging compliance, and packaging legislation can feel complex. We’re committed to helping you understand and apply current information about sustainable packaging requirements and legislation to your business. Contact us at hello@ecoenclose.com to get started.
by Saloni Doshi & Jessica Dowding • updated May 15, 2025 • 4 minute read
Compliance and Retailer Guides
Thin Film Recycling
Retailer Requirements
Designing for Recyclability
About EcoEnclose
EcoEnclose is the leading sustainable packaging company that provides eco-packaging solutions to the world’s most forward-thinking brands.
We develop diverse, sustainable packaging solutions that meet our rigorous research-based standards and customers’ goals. We drive innovative packaging materials to market and consistently improve the circularity of existing solutions.