What Homeopathic Brands Need to Know About Packaging Extended Producer Responsibility
As states across the U.S. continue to implement Extended Producer Responsibility (EPR) laws for packaging, homeopathic product manufacturers must stay informed about compliance requirements. While pharmaceutical packaging is often (but not always!) exempt from these regulations, certain packaging components — such as outer cartons, inserts, and marketing materials — may still be subject to EPR rules. Please familiarize yourself with EPR laws and consult your legal counsel to ensure compliance.
What is Packaging EPR?
Extended Producer Responsibility is a regulatory framework that exists around the world and in various U.S. states. For a quarter century, EPR has been implemented for batteries, paint, mattresses, and many other consumer products. EPR laws’ stated goal is to put the responsibility and financial burden for end-of-life management on a product’s manufacturer rather than local municipalities and other government entities. Lately, packaging EPR has seen renewed interest and in several U.S. states. Through the rest of this article, assume that EPR references packaging EPR specifically.
EPR aims to incentivize sustainable packaging design, increase recycling rates, and ensure that producers contribute to the costs of waste management. By requiring companies to participate in Producer Responsibility Organizations (PROs) and meet recycling and reporting obligations, EPR laws encourage businesses to minimize packaging waste and invest in more recyclable, reusable, or compostable materials (often referred to as eco-modulation).
| State | Law | Date Passed | Producer Compliance Begins |
| Maine | LD 1541 | 2021 | 2026 |
| Oregon | SB 582 | 2021 | July 2025 |
| Colorado | HB 1355 | 2022 | July 2025 |
| California | SB 54 | 2022 | 2027 |
| Minnesota | HF 3911 | 2024 | 2029 |
This list is up to date as of April 2025. Washington State and Maryland also currently have EPR legislation advancing through their state legislatures, with additional states such as New York and New Jersey also in the early stages of considering their own EPR legislation.
Each law requires producers to fund or manage the end-of-life (including recovery and recycling, landfilling, or composting) of their packaging, often through Producer Responsibility Organizations (PROs) that oversee collection, recycling, and waste reduction efforts.
Are Homeopathic Products Exempt?
For FDA-regulated drugs, most states provide exemptions for primary pharmaceutical packaging (e.g., bottles, blister packs, and tubes). However, manufacturers should consider:
- Primary Packaging: Exempt in certain EPR laws if your product is marketed as an OTC drug.
- Secondary Packaging: Outer boxes, cartons, and paper inserts may still be covered under EPR laws.
- Tertiary Packaging: Shipping and distribution materials (corrugated boxes, plastic wrap) may also fall under regulation.
State-by-State Considerations for Homeopathic Brands
California
- Has one of the most comprehensive EPR laws.
- Exemption likely for primary packaging, but strict labeling laws apply (e.g., recyclability claims must be verifiable).
Colorado
- Does not yet specify a pharmaceutical exemption but is expected to clarify it in future rulemaking.
- PRO participation will be required for covered materials.
Maine
- First U.S. state to pass EPR, with ongoing regulatory development.
- Exemptions unclear but expected to follow federal pharmaceutical packaging guidelines.
Minnesota
- Programs still early in development.
Oregon
- Exempts primary pharmaceutical packaging.
- Requires reporting and compliance for secondary/tertiary packaging.
What Can Homeopathic Manufacturers Do to Prepare?
- Audit Your Packaging – Identify components subject to EPR rules.
- Plan for Compliance – If required, register with PROs in affected states.
- Label Packaging Correctly – Ensure recyclability claims align with state laws.
- Explore Sustainable Alternatives – Transitioning to recyclable or compostable materials can help future-proof packaging.
The Future of EPR and Homeopathic Packaging
As more states adopt EPR and other similar legislation, the focus on sustainable packaging will only grow. Even if your primary packaging is exempt, shifting toward eco-friendly materials and minimizing unnecessary packaging can strengthen your brand’s sustainability credentials.
AAHP will continue monitoring these regulations and advocating for policies that support homeopathic manufacturers. Stay informed, stay compliant, and consider integrating sustainability into your packaging strategy to stay ahead of industry and regulatory trends.
Please note that this article is a survey of state activities; it is not meant as policy or legal advice. Consult an attorney to ensure compliance with existing and emerging regulations.