B&D guides companies on rapidly evolving packaging EPR laws and other plastics regulations for products and packaging. Our Plastics group guides plastics manufacturers, consumer products companies, and others in the plastics value chain on the evolving regulation of plastics and in related enforcement actions and litigation. We counsel on packaging, labeling, material restrictions, recycling, recyclability, and circular economy issues relating to plastics in the U.S. and worldwide, and help companies achieve product regulatory compliance without imposing undue burdens on clients and consumers.

Representative examples of our packaging EPR work include:

• Counseling some of the world’s largest manufacturers and retailers on packaging EPR, including exemptions, requirements for single-use plastics, recycling definitions, minimum recycled content requirements, and issues relating to advanced recycling. We provide comprehensive assessments of regulatory schemes in the U.S. and Canada, determine the applicability of the laws under different supply chain scenarios, and identify exemptions to reduce the volume of packaging reported and thus reduce fees.
• Advising plastics manufacturers and industrial and consumer products companies on national and subnational laws banning or restricting plastic products and packaging, as well as new EPR programs and initiatives for plastic packaging in the U.S. and key markets worldwide.
• Representing U.S. trade groups in negotiations under the proposed global plastics treaty regarding the classification and control of international trade in plastic wastes for recycling.
• Performing a worldwide review of packaging EPR regulations and analyzing their applicability to manufacturers’ product lines.
• Advising on regulatory developments affecting packaging design and recycling at the state, federal, and international levels and preparing a comprehensive report recommending product design approaches to minimize financial and environmental impacts associated with certain packaging and recycling requirements.
• Preparing country surveys identifying and analyzing regulatory initiatives affecting the manufacture, use, and recycling of certain plastics in key markets for a major U.S. trade association, which included analyses of existing and proposed environmental measures and an assessment of governmental and non-governmental organization policy concerns and priorities, as well as media reports.