California and Oregon advance plastic foam bans while US alliance expects more states to follow

Two US states have taken action to reduce plastic foam packaging. California has banned plastic foam foodware from being sold unless strict recycling targets are met, while the Oregon Legislature has implemented its own ban on polystyrene (PS) foam, also known as styrofoam.

To monitor toxic chemical exposure, Safer States, a US national alliance of environmental health organizations, has released its “2025 analysis of state legislation targeting toxic chemicals and plastics” report.

Sarah Doll, national director at Safer States, tells Packaging Insights: “At least 17 states are expected to consider plastics and packaging policies in 2025. These policies may include restrictions on materials like PS foam, mandates to reduce single-use plastics, and the phase-out of toxic additives such as phthalates and bisphenols.”

The ban in California, which took effect in January, is part of the state’s broader initiative to reduce plastic pollution through the implementation of the Plastic Pollution Prevention and Packaging Producer Responsibility Act (Senate Bill 54), signed into law by Governor Gavin Newsom in 2022.

Oregon’s ban, which took effect in the same month, stems from legislation passed by the Oregon Senate in 2023 with bipartisan support. Senate Bill 543 prohibits food vendors from using PS foam containers for prepared food, bans the sale of such containers and packing peanuts, and restricts the use of foodware containing added per- and polyfluoroalkyl substances (PFAS). The ban extends to single-use coolers and other foam-based foodware products. 

Push for reusables

In an effort to reduce plastic foam and PFAS in food packaging, the Oregon Senate passed Senate Bill 545 in 2023 to allow restaurant customers to bring their own reusable containers for takeout or leftovers. The law came into place last summer to encourage safer alternatives of single-use plastic containers.

“In 2025, states are likely to consider policies that promote reuse and refill systems, helping communities reduce the use of single-use plastics, reduce plastic production, and encourage safer, non-toxic alternatives,” says Doll.

Regulatory approaches to plastics are shifting from waste management to minimizing plastic’s impacts across its lifecycle.“State policies play a critical role in reducing PFAS in consumer products by limiting their use, requiring companies to be honest about the chemicals they use, and encouraging the switch to safer solutions.”

“States can also help by making polluters pay for the damage they cause, funding cleanup efforts, and supporting farmers, firefighters, and families affected by PFAS pollution. We anticipate that at least 29 states will consider policies to address the PFAS crisis in 2025,” she adds.

Compliance requirements

The regulations for SB54, which have been debated and discussed over the past two and a half years by plastic and packaging companies, lawmakers, and environmentalists, are set to be finalized on March 8. Failure to meet this deadline would require stakeholders to restart the entire process.

Melanie Turner, SB 54 Communications Manager at the California Department of Resources Recycling and Recovery (CalRecycle), tells us: “We are working to finalize the rules to implement SB 54. CalRecycle engaged in extensive stakeholder engagement before the initiation of the formal rulemaking followed by the formal process for receiving and responding to public comments under the Administrative Procedure Act.” 

“Currently, the department is continuing to consider more than 5,000 unique public comments on the proposed regulation. It has been a challenging and time-consuming process to develop a balanced set of regulations that is responsive to public input and will achieve the goals of reducing plastic waste and supporting a truly circular economy. We are determined to take the time we need to get that process right.”

CalRecycle was required by the legislation to establish a baseline for the 25% plastic reduction mandate based on 2023 data. Last December, CalRecycle released its source reduction baseline report, detailing the extent of single-use plastic consumption in the state. In draft regulations, CalRecycle can take action to assist with compliance and enforce against the producer responsibility organization.

The report estimates that in 2023, over 2.9 million tons of plastic were used in single-use packaging and foodservice ware, comprising approximately 171.4 billion plastic components.

To comply with the law, producers must demonstrate that all expanded polystyrene (EPS) packaging and foodware achieve a 25% recycling rate or face a prohibition on sales within the state. The newly established baseline also requires a reduction of approximately 725,000 tons of plastic and 43 billion plastic components.

“CalRecycle will actively enforce the law. We will provide compliance education to ensure that regulated producers and the producer responsibility organization understand how to comply with the law. Our staff will monitor producers for compliance, including conducting investigations to ensure products sold in California meet the requirements of the law,” says Turner.