US Extended Producer Responsibility (EPR) regulations for consumer products and packaging are active across seven states, and your disclosures might be past due.
US EPR laws have long covered specific products like batteries, paint, and mattresses, controlling end-of-life disposal and putting the funding burden on producers. Similar laws now cover broad categories of consumer goods and packaging, shifting the financial and operational burden from governments to producers across the full product lifecycle.
Scope of US EPR Regulation
As of June 2026, US EPR laws are active and requiring comprehensive disclosure in:
US EPR laws are ramping up and requiring basic data gathering in:
Each state has its own scope and compliance rules, but the broad strokes on who’s covered are:
- Firms with >$1M in annual sales into a state with active EPR legislation
- Firms placing products on the market under their own branded packaging
For active states, the first round of reporting was due May 31, 2026. Oregon has issued delinquency notices, and late filers face escalating daily fines: $5,000 for the first day of a violation, and $1,500 each day after. Potentially more damaging than the fines are stop-sale orders, which can block product distribution in the state entirely.
This is just the beginning. EPR laws are written to expand into more stringent requirements as producers are expected to build more sophisticated compliance capabilities.
SB-54: California’s Plastic Pollution Prevention and Packaging Producer Responsibility Act
SB-54 layers additional requirements on top of standard EPR reporting for companies doing business in California. It requires a 25% reduction in plastic packaging by 2032, measured against a 2023 baseline, with interim checkpoints of 10% by January 1, 2027, and 20% by 2030. Firms must submit a detailed Individual Source Reduction Plan by August 1, 2026.
For companies with exposure to multiple EPR laws, requirements multiply, and fines can compound proportionally.
How Are GPs Responsible?
While GPs themselves aren’t packaging and selling physical goods, their portfolio companies very likely are. To avoid revenue loss through fines or stop-sale orders, GPs should assess portfolio exposure to EPR laws proactively. Once exposure is mapped, strategic plans can be put in place and reporting can commence. GPs behind the curve may be able to reduce or delay near-term enforcement risk by starting now and demonstrating good-faith compliance efforts.
Malk, part of SLR Consulting, offers portfolios a phased approach to EPR compliance: company-by-company exposure assessments screened against each state’s criteria, an obligations memo for in-scope companies, registration and reporting with the appropriate governing bodies (CAA/CalRecycle), and ongoing program management through data collection, source-reduction plan execution, and direct portfolio company engagement.
Momentum on US packaging and product waste regulation is only accelerating. As roughly 10 more states move toward active EPR legislation, the window for GPs and their portfolio companies to get ahead is closing fast.
Authors & Contributors
Katherine McPherson
Katherine works on the Business Development team at Malk helping to support the development of thought leadership, sales enablement tools, and research papers. Katherine leads content curation at Malk and works closely with the delivery team to nurture GP / LP relationships and best communicate our ESG offerings. Katherine earned her bachelor’s degree in English and Environmental Sustainability, and her master’s degree in Public Policy from the University of Virginia.
Bridger Ryland
Bridger Ryland is part of the Value Creation team at Malk, supporting GPs and their portfolio companies on ESG strategy execution, with a particular focus on cost reduction and revenue protection. Bridger has a Bachelor’s degree in French and Italian from the University of Exeter, alongside a Master’s in Sustainability Management from SDA Bocconi in Milan.
Malk Partners does not make any express or implied representation or warranty on any future realization, outcome or risk associated with the content contained in this material. All recommendations contained herein are made as of the date of circulation and based on current ESG standards. Malk is an ESG advisory firm, and nothing in this material should be construed as, nor a substitute for, legal, technical, scientific, risk management, accounting, financial, or any other type of business advice, as the case may be.