Continued Regulatory and Legal Scrutiny Regarding Recycled Content
Authored by: Shirin Estahbanati, PhD, PE
As sustainability goals and resource constraints accelerate globally, manufacturers and brands have been adapting to rapidly evolving recycled content mandates, especially in packaging (such as bottles and other containers). In the US and Europe, waste reduction benchmarks are measured through the diversion of packaging from landfills by increasing recyclability and reuse. Toward these objectives, new regulations are reshaping regulatory and legal landscapes, emphasizing recycled materials, recyclability, extended producer responsibility (EPR) schemes, and eco-design.
United States Recycled Content Updates
- Federal Guidelines: The US Environmental Protection Agency’s (EPA) Comprehensive Procurement Guideline (CPG) under Resource Conservation and Recovery Act (RCRA) Section 6002 mandates that federal agencies prioritize products with recycled content, influencing procurement across industries.
- State-Level Mandates: States like California (AB 793), Washington (SB 5022), and New Jersey (S2515) have enacted laws requiring minimum post-consumer recycled (PCR) content in packaging materials, with targets increasing over time.
- Extended Producer Responsibility (EPR): Laws such as California’s SB 54 require producers to register, report, and contribute to recycling infrastructure through Producer Responsibility Organizations (PROs).
European Union Recycled Content Updates
- Packaging and Packaging Waste Regulation (PPWR): The EU’s 2025 regulation introduces binding targets for recyclability and recycled content, including:
- All packaging must be recyclable by 2030.
- Minimum PCR content ranging from 10% to 65% by 2040, depending on material type.
- Bans on PFAS and other harmful substances in food packaging.
- Eco-modulated EPR fees and mandatory labeling for recyclability and reuse.
Challenges in Adapting to Requirements
- Navigating a fragmented and rapidly changing regulatory environment.
- Verifying and certifying recycled content in supply chains
- Designing packaging that meets recyclability and labeling standards.
- Managing complex reporting and fee structures under EPR schemes.
How Roux Can Help
At Roux, our technical team has worked directly with manufacturers to address compliance challenges under state-level recycled content mandates. For example, a beverage company with operations outside the US faced difficulties meeting Washington and New Jersey’s PCR requirements due to the specific polymers used in its bottle production process. Roux collaborated with the company’s process engineers and potential material vendors to identify viable supply options, while tracking regulatory obligations in parallel. This work resulted in a corrective action plan that outlined a realistic, technically grounded timeline for compliance, one that was both feasible for the industry and accepted by the state regulators.
In addition to regulatory compliance, a wave of recent lawsuits allege companies falsely claimed their products were recyclable or that the recycled content claims were inaccurate. Roux’s litigation support team of expert witnesses cover potentially related areas such as process engineering, chemical degradation and transport, materials evaluations, human health risk assessment, business interruption, and commercial damages.
If you are facing recycled content scrutiny, either legal or regulatory, and might benefit from some outside assistance, use the link below to connect with a technical professional.
