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Addressing harmful plastics and packaging

States have been at the forefront of tackling plastic-related hazards and pollution. Over a decade ago, states began phasing out harmful chemicals like bisphenols, phthalates, and other toxic chemicals used in plastics, initially focusing on products for children. In the past five years, there has been an expansion to include more policies addressing plastic packaging. While early state policies focused on mainly managing plastic waste, more recently the emphasis has expanded toward reducing unnecessary plastic packaging and addressing the toxicity of additives used in plastic. This year, several states are exploring measures to reduce plastic use, phase out the most problematic types of plastic such as polyvinyl chloride (PVC) and polystyrene, and regulate the most hazardous plastic additives.

Plastic and Plastic Additive Health Concerns

Almost all plastics are made from petrochemicals and can create toxic impacts throughout their lifecycle. As the plastic industry is projected to grow significantly, the impacts on the health of fenceline communities, workers, ecosystems, and consumers are an increasingly serious concern. The 2023 East Palestine train derailment, where four train cars carrying 115,000 gallons of the carcinogen vinyl chloride (a PVC building block) burned uncontrollably for several days, highlights the danger of making, transporting, using, and disposing of the chemicals in plastics. 

The chemical building blocks of plastics are associated with health effects ranging from cancer and neurological harm to birth defects, immune system suppression, reproductive harm, hormone disruption, obesity, and asthma. In addition, the toxic chemicals found in plastics have also been linked to hormone disruption, impaired fertility, cancer, and developmental harm, among other health impacts. These toxic plastic chemicals can leach out from food packaging and other consumer products into our food, water, and indoor air. Moreover, plastic creates serious toxic impacts across its entire lifecycle, with low-income communities and communities of color most impacted.

A growing health concern with plastics is that they can break into tiny particles called microplastics. Microplastics have been found in food, water, air, and the human body, where they can carry toxic chemicals and absorb chemicals from the environment. Recent studies detected microplastics in human reproductive organs such as human testicles, raising concerns about potential threats to fertility and sperm quality. In addition to plastic particles breaking off of consumer products like clothing, paint, and tires, microplastics are intentionally added to certain consumer goods, including cosmetics and cleaning products. While research is still ongoing, a recent science review have raised concerns that they may impact fertility, increase the risk of cancer, and cause other health problems. 

Meanwhile, the plastic and chemical industries continue to promote a set of technologies they refer to as “chemical recycling,” which have been criticized for their toxic environmental impacts, questionable effectiveness, and high energy demands. Reports from Beyond Plastic and NRDC have revealed that “chemical recycling” plants can generate significant hazardous waste as part of their operations. 

Expected Plastics Policies and Regulations 

This year, at least 17 states and the District of Columbia are likely to consider policies to address plastics and packaging. These states include Alaska, California, Connecticut, Hawaii, Illinois, Maine, Maryland, Massachusetts, Michigan, Minnesota, New Jersey, New York, Oregon, Rhode Island, Virginia, Vermont, and Washington.

Map of the United States showing states in orange expected to take action on toxic plastics and packaging in 2025. Other states are shown in gray.

Prevention-based Policies

States in the 2025 legislative session will likely consider policies that prevent plastic pollution by:

  • Eliminating the most harmful plastics and additives.
  • Incentivizing or requiring reuse as a way to eliminate unnecessary single-use plastics.
  • Restricting or limiting “chemical recycling.”
  • Restricting the use of intentionally added microplastics.

These policies signal a shift in plastics regulation away from merely managing waste and toward looking at ways to minimize the impacts of plastic across its lifecycle. These policies are in line with what several countries in the so-called “High Ambition Coalition” were demanding to be included in the UN Plastics Treaty negotiations. They harmonize with leadership from corporate actors like Apple, Sephora, and Target, which have removed or set goals to remove PVC as well as harmful plastic additives like phthalates and bisphenols from their products and/or packaging.

Prevention-based policies under consideration in 2025
  • At least 14 states are likely to consider policies to reduce the use of plastics and/or phase out problematic chemicals and plastics from packaging including Alaska, California, Connecticut, Hawaii, Illinois, Maine, Massachusetts, Michigan, Minnesota, New Jersey, New York, Oregon, Vermont, and Washington. Numerous states will consider policies that mandate reduced use of plastics and/or phase out the use of certain classes of toxic chemicals like PFAS and/or phthalates and toxic materials such as PVC (at least five states) and/or polystyrene (at least seven states) in packaging. In addition, Washington state is in the process of determining whether to prioritize PVC packaging for possible regulatory action under its Safer Products for Washington law. Some of these policies would formalize voluntary industry commitments made by the U.S. Plastics Pact, a voluntary agreement in which over 100 retailers, manufacturers, and trade associations agreed to eliminate some of the worst plastics and additives in packaging.
  • At least six states will likely consider policies to restrict chemicals from food packaging including Hawaii, Illinois, Massachusetts, Nevada, New Jersey, and New York. Certain chemicals like PFAS, phthalates, and bisphenols can leach into food, leading to exposure when the food is consumed. Minnesota has introduced a policy to require companies to test packaged food for the presence of phthalates and share the results publicly.
  • At least 10 states and the District of Columbia will likely consider policies that mandate reusables, create incentives, reduce barriers, and/or help create infrastructure for reusables including California, Illinois, Maryland, Massachusetts, Minnesota, New Jersey, New York, Oregon, Rhode Island, and Vermont. Proposed policies will promote the transition to systems that minimize single-use plastics and toxic chemicals. 
  • At least seven states will likely consider policies that restrict so-called “chemical recycling” technologies such as pyrolysis and gasification including Massachusetts, Michigan, New Jersey, New York, Oregon, Rhode Island, and Vermont. These proactive measures aim to protect communities from toxic impacts.  
  • At least four states will likely consider policies that restrict PFAS and other toxic chemicals such as heavy metals from being present in products labeled as or claiming to be recyclable including Massachusetts, New Jersey, New York, and Virginia. California adopted the first truth-in-labeling law for recyclable products in 2022. These policies send industry clear signals about chemicals and materials that are allowed in products labeled or marketed as recyclable. 
  • At least four states will likely consider policies to restrict intentionally added microplastics including Alaska, California, Michigan, and Rhode Island.  Proposed policies would ban intentionally added microplastics in products such as cleaners and cosmetics, harmonizing with recent action in the European Union. The policies build on the earlier state and federal laws that banned plastic microbeads in rinse-off cosmetics. These microbeads account for less than one percent of all intentionally added microplastics in products, and states are seeking to address other sources of intentionally added microplastics. 

Pollution Management Policies

States are facing continued calls to eliminate existing pollution caused by the unchecked proliferation of plastics. These policies include:

  • Establishing microplastic studies and/or strategies to mitigate their impact on water and land.
  • Requiring filtration devices on washing machines to catch microplastic textile particles from entering waterways.
Pollution management policies under consideration in 2025
  • At least seven states will consider policies or appropriations to develop a plan and/or study the impact of microplastics in drinking water including Alaska, Michigan, Minnesota, New Jersey, Oregon, Rhode Island, and Virginia.
  • At least four states will seek policies requiring filtration devices to be installed on new washing machines sold in the state including Hawaii, Illinois, New Jersey, and Oregon.