The California Senate recently passed a bill, SB 682, that would essentially eliminate the use of per-and polyfluoroalkyl substances (PFAS), also known as “forever chemicals,” in food packaging within the state, as of January...more
First effective in 2024, the Act bans the sale or distribution of various products that contain intentionally added PFAS chemicals. On January 1, 2026, as part of the product phase-out timeline, the new law bans the sale or...more
This week, I sat down with Lisa R. Burchi, Of Counsel to Bergeson & Campbell, P.C. and resident expert on Proposition 65, among many other chemical laws. Lisa explains why businesses doing business in California need to know...more
Key Takeaways - What happened: Two recently enacted laws in Louisiana and Texas will each require separate warning labels on the packaging of food sold in their state if the food contains any of 44 specific ingredients....more
The Packaging and Packaging Waste Regulation (Regulation (EU) 2025/40), the European Union’s new regulation concerning the packaging of products placed on the European market (PPWR), came into force on 11 February 2025....more
The Pipeline and Hazardous Materials Safety Administration (“PHMSA”) issued a June 5th Interpretive Letter clarifying the Hazardous Materials Regulations (“HMR”) applicable to United Nations specification packaging exceptions...more
Colorado’s comprehensive extended producer responsibility (EPR) program reporting deadline is fast approaching. Producers (including brand owners, manufacturers, importers and retailers) of packaging and paper products are...more
Extended Producer Responsibility Legislation, also known as EPR laws, is a policy-based approach that holds producers accountable for the entire lifecycle of their products, particularly for take-back, recycling, and final...more
Businesses manufacturing, distributing or selling packaging, paper products and food packaging in Minnesota must comply with Minnesota’s Extended Producer Responsibility (EPR) laws. Affected businesses were required to...more
Welcome to the June edition of Nutter’s Environment & Energy Insights, a periodic update of current trends in environment and energy law. In May 2025, Maryland and Washington became the latest states to join a growing trend...more
Beginning July 1, 2025, producers of a wide range of packaging and paper materials, as well as products that use such materials, are prohibited from selling or distributing such products in the state of Colorado, unless they...more
Influenced by laws in existence in multiple states, including California, Colorado, Maine, Maryland, Minnesota, New Jersey, Oregon, and Washington, the New York State Legislature has examined in recent years extended producer...more
Key Takeaways - What Is Happening? On March 7, 2025, Governor Newsom declined to adopt CalRecycle’s initial draft regulations under California’s Plastic Pollution Prevention and Packaging Producer Responsibility Act...more
Maryland and Washington have joined the growing cohort of US jurisdictions that require producers of packaging and paper products to finance – and ultimately improve – the systems for disposing of these “covered materials” in...more
Washington state has enacted E2SSB 5284 (the Act), which creates an extended producer responsibility (EPR) program for packaging and paper products that may apply to the item's manufacturer, brand licensee, brand owner,...more
A lot is going on in the extended producer responsibility (“EPR”) packaging world this month. Maryland and Washington became the sixth and seventh states respectively to enact EPR packaging laws. And this week, just a...more
Under Oregon’s Extended Producer Responsibility (EPR) law, the deadline for producers of consumer packaging, paper and food serviceware to register and report their production of such materials to the Circular Action Alliance...more
This third installment in our series highlights the focus on children’s product safety at the 2025 International Consumer Product Health and Safety Organization (ICPHSO) symposium. This year’s symposium featured a range of...more
While we have previously written on Federal Trade Commission (FTC) enforcement of “Made in America” claims, a recent jury verdict shows that manufacturers should also be wary of potential consumer claims....more
All Wrapped Up is a newsletter that tracks and analyzes key developments in extended producer responsibility laws for packaging. It is a subscription-based resource for King & Spalding clients who sell or distribute just...more
In 2021, California enacted the SB 343 – “Truth in Recycling Law” – which generally prohibits companies from using the “chasing arrows” symbol or otherwise implying that a product or package is recyclable, unless the...more
California recycling claims restrictions - On April 4, 2025, the California Department of Resources Recycling and Recovery (CalRecycle) published its Final Findings of the SB 343 Material Characterization Study. The report...more
Our blog has reported previously on California PFAS regulations, including its watershed laws with novel definitions of PFAS and the noted problems with the total organic fluorine testing method. (Prior CA blog posts on...more
The 18-month clock is now ticking for businesses to comply with California’s Senate Bill (SB) 343, also known as the “Truth in Recycling” law, which addresses permissible recyclable claims. In 2021, California passed SB 343,...more
On April 4, CalRecycle published its final material characterization study (Study) pursuant to SB 343. Under SB 343, use of the chasing arrows symbol or other indications of recyclability on products or packaging that do not...more