Packaging EPR Series: Understanding The Relationship Between Private Packagers and Brand Owners

As mentioned in our previous post in this series, Extended Producer Responsibility (EPR) is a policy approach that shifts the responsibility for managing post-consumer packaging from local governments to Producers. 

The definition of “producer” under EPR varies by state but generally includes brand owners or their licensees. A producer is any entity that brings packaged products into a state, either through physical retail, e-commerce, or other distribution channels. Producers also include those who package items for shipment. If the packaging bears the manufacturer’s brand, the manufacturer is considered the producer. However, if the packaging does not display the manufacturer’s brand but instead bears another brand or trademark, the entity that owns or licenses that brand is considered the producer. 

The relationship between Private Packagers and Brand Owners plays a significant role in how EPR applies to different entities. Brand Owners are the companies that own or license a brand under which products are sold and are responsible for the entire lifecycle of their products, including the packaging. Under Packaging EPR laws, Brand Owners must ensure that their packaging materials are managed responsibly at the end of their life which involves collection, recycling, and disposal of these materials. Brand Owners must pay compliance fees based on the total volume of packaging they distribute, making them financially and operationally responsible for these processes.

Private Packagers, on the other hand, package products for Brand Owners. While they may not hold the license or own the brand, they assist in the packaging process. Although Private Packagers are not typically the primary entities accountable under EPR regulations, they play a vital role in supporting Brand Owners to meet their EPR obligations. When Private Packagers own the brand, they are classified as Brand Owners and, as such, take on the financial and operational responsibilities of EPR compliance, just like any other brand owner. It is essential to review the specific EPR requirements for each state, as the rules may differ regarding who is designated as the producer and how responsibilities are assigned.

Collaboration is key as Brand Owners and Private Packagers must work together to meet EPR requirements. This collaboration can involve selecting sustainable materials, optimizing packaging design for recyclability, and ensuring compliance with state specific EPR regulations.

To foster this collaboration, members of the National Lubricant Container Recycling Coalition (NLCRC) are convening on October 22nd and 23rd in Montreal, Canada to assess progress on the 2024 work plan and milestones, and to plan for initiatives in EPR support, packaging design, and advocacy throughout 2025. This meeting aims to increase knowledge to accelerate the achievement of packaging recycling solutions for the industry. 

 During this meeting, members of the NLCRC will embark on a “field trip” sponsored by RPM eco, to visit retailers, collectors, and a recycling plant and witness Canada’s program for lubricant container aggregation, collection, and recycling. This is a valuable opportunity for the members of the NLCRC to experience the post-consumer recycling pathway first-hand and, consequently, apply their learnings to accelerate recycling solutions in the U.S. 

The National Lubricant Container Recycling Coalition or “NLCRC” is an industry-led coalition funded by a committed consortium of value chain stakeholders focused on establishing solutions for the recovery and recycling of packaging for petroleum-based and related products utilized in the transportation and industrial applications Industry.  

Members include Berry Global, Castrol (part of bp Group), Chevron, CKS Packaging Inc., ExxonMobil, Graham Packaging, Independent Lubricant Manufacturers Association, Lucas Oil, Nexus Circular, Pennzoil - Quaker State Company, Petroleum Packaging Council, Plastipak Packaging, RPM eco, Safety-Kleen, and Valvoline. For more information, visit https://www.nationallcrc.com