--- title: EPR Pressure Mounts: 3 Steps for Taiwanese Manufacturers lang: en source: https://mindsprt.dev/en/knowledge/epr-compliance-usa-colorado-lawsuit-soft-plastics-recycling/ --- # EPR Pressure Mounts: 3 Steps for Taiwanese Manufacturers *Industry Insights · 6 min read · 2026-08-12* > Colorado's EPR law faces a lawsuit from NAW, while California soft plastics recycling pilots are also picking up steam. For export brands, packaging compliance has shifted from an ESG vision into a procurement requirement. This guide breaks down the three things you need to put in place before 2027 and 2028. **Quick answer:** EPR compliance pressure is shifting packaging costs upstream to the design phase. MINDS (MS) advises brands to prepare three foundational worksheets first: packaging material weight, fee rate basis, and design for recycling. Don't wait until buyers demand reporting to start tearing packaging apart ## Why Has EPR Suddenly Become a Brand Issue? EPR became a brand issue because US states are tying packaging recycling fees directly to market placement responsibility. Export brands can no longer just hand clients a pretty dieline. Extended Producer Responsibility (EPR) is a regulatory framework requiring brands or supply chains to foot the bill for end-of-life packaging collection and processing. Reporting typically hinges on material, weight, recyclability, and sales jurisdiction. Talking packaging with brands over the past month or two, the most obvious shift is that procurement teams no longer ask just about unit price. They now follow up with, "How will this pouch be reported down the road?" From folding cartons and flexible pouches to labels, every layer can turn into a fee line item. With the 2027 to 2028 US enforcement window approaching, redesigning packaging now without logging the data is simply stashing future compliance costs in your warehouse. ## What Is the Colorado Lawsuit Really About? The Colorado lawsuit is a fight over who controls the fee structure. On July 31, 2026, NAW filed a federal lawsuit challenging Colorado's packaging EPR system. The National Association of Wholesaler-Distributors (NAW) argues that Colorado's fee-setting rules are overly rigid and lack oversight, while forcing businesses to join and pay fees to the Circular Action Alliance. Circular Action Alliance (CAA), a producer responsibility organization, collects fees and executes plans under this system. What brands need to watch most is whether fee assessments can be verified and challenged, the organization's name is secondary. NAW also claims violations of First Amendment and due process rights, filing for a preliminary injunction. A summary by the Flexible Packaging Association (FPA) can be found at [NAW Files Lawsuit Challenging Colorado EPR Law](https://www.flexpack.org/news/naw-files-lawsuit-challenging-colorado-epr-law). Earlier in 2026, NAW secured a preliminary injunction in a separate case in Oregon. This shows that US EPR will face legal pushback, but brands cannot afford to hit pause on their data prep. ## What Signals Are Flexible Packaging Recycling Pilots Sending? The takeaway from flexible packaging recycling pilots is purely practical: the US market is searching for collection pathways that are cost-effective, centralized, and scalable. Soft plastics recycling refers to the collection and reprocessing of flexible plastics like films, pouches, and labels. The core challenges lie in cleanliness, sorting, and consistent recovery volume. The same FPA page notes that Napa County, California, enrolled 1,000 households in a soft plastics recycling pilot on July 30, 2026, testing consumer recycling behavior at the residential level. The same batch of industry updates mentioned that on August 3, 2026, California film recycling pilots shifted focus toward commercial collection, operating on the premise that commercial collection is far more economically viable than residential curbside pickup. That is simply reality. When pouches, multi-layer films, and labels end up scattered across household bins, contamination and sorting costs quickly erase any value. If collected in bulk from factories, warehouses, and retail channels, materials stay cleaner and brands have a much easier time demonstrating their design for recycling. ## What Data Must Taiwanese Brands Prepare in the Next 12 Months? Over the next 12 months, Taiwanese brands need to prioritize packaging data that enables buyers to report, calculate fees, and plan redesigns. ESG reports can wait. I recommend using the "Mai Strategy EPR Pre-Press 3-Step Filter" to organize data into a format clients can easily digest. ・① Packaging Material Weight Table: Record the approximate weight of paper, film, label, ink, and finishing for each SKU, ensuring it maps directly to client reporting fields. ・② Fee Rate Baseline Table: Identify sales jurisdictions, material categories, supply chain roles, and potential producer responsibility organization obligations upfront, so price quotes do not just stop at unit printing cost. ・③ Design for Recycling Table: Document mono-material transitions, label removability, ink coverage, and adhesive choices, providing a solid roadmap for 2027 to 2028 redesigns. If brands want an initial audit of existing cartons, pouches, and labels, [MINDS](https://www.mindscmyk.com/) can help sort through print specs, material substitutions, and reporting fields together, so you do not have to scramble after a US buyer rejects an order. ## How Printers Can Turn Compliance into a Sales Advantage For printing houses looking to turn compliance into a winning sales pitch, quotations need an upgrade from "how many sheets and what paper" to "how this package will be managed after hitting the market." Do not rush it. Small and mid-sized print shops do not need to buy expensive software on day one. Standardize these three datasets first, and the sales conversation will immediately change: ・Paper packaging: Material: Record paper substrate and surface treatments separately. Brand communication: Makes recyclable design easier to explain. Risk: Excessive lamination weakens sustainability claims. ・Flexible packaging: Material: Record film type, lamination, and sealing specs separately. Brand communication: Allows early evaluation of mono-material options. Risk: Multi-layer laminates narrow recovery pathways. ・Labels and stickers: Material: Record facestock, adhesive type, and removability separately. Brand communication: Gives clear talking points for residential pilots like Napa's 1,000 homes. Risk: Adhesive residue complicates commercial collection quality. If your brand needs to translate regulatory mandates into procurement specs, the [Mai Strategy Knowledge Academy Consulting Team](https://mindsprt.dev) can run packaging audits and plot redesign roadmaps, getting design, procurement, and printing teams on the exact same data sheet. ## Key Takeaways ・EPR has evolved from a Nordic sustainability topic into US state law and procurement criteria. ・Lawsuits may slow down enforcement timelines, but they will not fill in missing packaging weight data for brands. ・The real opportunity for flexible packaging lies in commercial collection, as residential curbside pickup simply does not pencil out. ・Taiwanese manufacturers should complete their weight, fee, and recyclability tables first to give their quotes solid compliance backing. ## Further Thoughts My advice to Taiwanese brands is straightforward: treat EPR as packaging data governance, not a legal afterthought. Manufacturing and print teams should log material and weight fields first, designers should add recyclability checks to their artwork approval process, AI tools can help reconcile SKUs with packaging fields, and SaaS platforms should let buyers export state-specific reporting formats. Clean up your data before talking about automation. Without solid data, automation just pushes bad numbers faster. ## Further Reading ・[FPA: NAW Files Lawsuit Challenging Colorado EPR Law](https://www.flexpack.org/news/naw-files-lawsuit-challenging-colorado-epr-law) ## FAQ ### Will EPR affect Taiwanese brands exporting to the US? Yes. While lawsuits in Colorado and Oregon show the regulatory system is still in flux, the reporting and fee pressures slated for 2027 to 2028 are already reshaping procurement specifications. ### Does the lawsuit against Colorado's EPR law mean we do not need to prepare? That is not a good bet. NAW's lawsuit on July 31, 2026, challenges fee-setting mechanisms, oversight, and corporate rights, but brands will still be required to provide accurate packaging weight and material data. ### What is the hardest part of compliance for flexible packaging right now? The biggest hurdle for flexible packaging is the lack of stable recycling streams. While the 1,000-household trial in Napa tests consumer behavior, commercial collection represents a far more manageable recycling model for brands and retail channels. ### What three steps should brands take first? Set up three tables: packaging material weight, fee rate baseline, and design for recycling. These three records directly support buyer reporting, package redesign talks, and print job quotations. ### How can printing companies help brands? Printers can document paper, film, label, adhesive, and finishing specifications layer by layer, giving brands a clear view of costs, compliance risks, and redesign options during quoting. --- > HTML version: https://mindsprt.dev/en/knowledge/epr-compliance-usa-colorado-lawsuit-soft-plastics-recycling/ > MINDS — 麥思印刷整合有限公司 · https://mindsprt.dev