Ban The Use of Expanded Polystyrene (EPS)

The U.S. Senate proposes legislation! EPS is prohibited for use in food service products, coolers, etc.
U.S. Sen. Chris Van Hollen (D-MD) and U.S. Rep. Lloyd Doggett (D-TX) have introduced legislation that seeks to ban the use of expanded polystyrene (EPS) in food service products, coolers, loose fillers and other purposes. The legislation, known as the Farewell Bubble Act, would ban the nationwide sale or distribution of EPS foam in certain products on January 1, 2026.

Advocates of a ban on single-use EPS point to plastic foam as a source of microplastics in the environment because it does not completely break down. Although EPS is recyclable, it is generally not accepted by roadside projects because they do not have the ability to recycle them.

In terms of enforcement, the first violation will result in a written notice. Subsequent violations will incur fines of $250 for the second offense, $500 for the third offense, and $1,000 for each fourth and subsequent offense.

Starting with Maryland in 2019, states and municipalities have enacted EPS bans on food and other packaging. Maine, Vermont, New York, Colorado, Oregon, and California, among other states, have EPS bans of one kind or another in effect.

Despite these bans, demand for styrofoam is expected to grow 3.3 percent annually through 2026, according to a report. One of the main applications driving growth is home insulation - a material that now accounts for almost half of all insulation projects.

Senator Richard Blumenthal of Connecticut, Senator Angus King of Maine, Senator Ed Markey and Elizabeth Warren of Massachusetts, Senator Jeff Merkley and Senator Ron Warren of Oregon Senator Wyden, Senator Bernie Sanders of Vermont and Senator Peter Welch have signed on as co-sponsors.