By Michael Washburn, Principal at Washburn Consulting: Sustainability & Public Affairs
Extended Producer Responsibility (EPR) for packaging is no longer a future consideration — it’s happening now. With laws already passed in seven U.S. states, companies selling consumer goods are facing fast-approaching deadlines in Colorado and California, and Oregon’s is in the rear-view mirror…. for registration, data reporting, and compliance. If you’re feeling overwhelmed, you’re not alone — but you don’t have to go it alone either.
Where Things Stand
As of this summer, companies that sell into states like Colorado, Oregon, California, and Maine must register with a Producer Responsibility Organization (PRO). The brand-led Circular Action Alliance (CAA) is leading this effort, and you can register through www.circularaction.org. If you have not already done this and reported in Oregon and you sell more than $5m in total sales with any of that in Oregon, you are out of compliance.
Minnesota registration deadline is July 1, 2025, and Colorado reporting is due July 31, 2025. California is in flux as the Governor sent the regulations back for a re-boot, but it looks like reporting will be due in November and heads up, you will need data from 2023. Sound complex? Yeah.
What’s Behind the Compliance Anxiety?
EPR for packaging introduces a new operational reality. These policies require businesses to provide detailed data and make packaging decisions that haven’t historically been part of day-to-day operations. This applies to nearly every consumer-facing product: toys, electronics, home goods, e-commerce shipments — you name it.
The questions start piling up quickly:
- Can we reduce our packaging footprint?
- Should we switch to more recyclable or reusable materials?
- Do we have data on the materials and formats we use — and how much they weigh?
- And who is actually responsible for this in our organization? Sustainability? Legal? Supply chain?
My team and I spend our days helping companies navigate all of this. We help you get wired, plan, build an approach, properly resource the work and guide the entire process.
Why We’re Here to Help
I’ve been working on packaging EPR since 2011, when I was VP of Sustainability at Nestlé Waters North America. After launching my consulting practice, I supported efforts to harmonize EPR policies across states through work with The Recycling Partnership. That experience made one thing very clear: states like to do things their own way.
From there, I spent six months helping launch Circular Action Alliance, the designated PRO now leading EPR implementation in multiple states. Today, through Washburn Consulting, I help companies understand and navigate this evolving patchwork of regulations — bringing in deep experience, key relationships, and practical solutions. My team spans experts in the US and Canada and we support clients with obligations worldwide.
How We Help Companies Get EPR-Ready
1. Packaging Data Collection
First and foremost, we need your packaging data. Sounds simple — until you realize that:
- The rules are still evolving
- The data are often siloed across teams
- Sometimes you’ll need to go back to suppliers to gather details
My team works with clients to gather, organize, and standardize the data needed for registration and reporting. If you are a larger client as many of ours are, we will refer you to a third-party data partner with deep expertise to ensure this all goes smoothly.
2. Monitoring Regulations
EPR rules vary by state and will continue to change. We help track updates, interpret new requirements, and make sure you know what to do — and when.
3. Packaging Portfolio Evaluation
Because EPR fees are based on weight and material type, you can save costs by:
- Reducing packaging weight
- Eliminating unnecessary components
- Switching to more recyclable materials
We conduct full portfolio evaluations to identify compliance and cost-reduction opportunities.
4. Small Business Support
For smaller producers, EPR can feel overwhelming. We offer tools, checklists, and referrals to vetted partners who can support your reporting process. Not sure where to begin? We’ll walk you through it.
We also help clients comment on regulatory proposals and prepare for changes not yet finalized — making your voice heard in shaping the system.
The Time to Act Is Now
Some companies have been waiting to “see how this plays out.” But the window for waiting has closed. EPR systems around the world have shown us that once registration opens, regulators — and competitors — are watching. If your company doesn’t register or report, you’ll likely be hearing from state agencies soon.
But here’s the good news: You don’t have to tackle this alone.
At Washburn Consulting, we help companies ask the right questions, get organized, and engage with the right stakeholders. Whether you’re just getting started or trying to untangle complex data, we’re here to support your journey toward compliance — and long-term sustainability.
Want to talk about your EPR compliance strategy? Reach out to me directly at Michael@washburn-consulting.com.
