Farewell to Foam Act of 2025
- Bill Number
- H.R. 1918
- Origin Chamber
- House
- Congress
- 119th Congress, Session 1
- Policy Area
- Environmental Protection
- Status
- Introduced
- Latest Action
- 2025-03-06: Referred to the House Committee on Energy and Commerce.
- Last Updated
- 2026-06-05T08:07:25Z
AI-Generated Summary
Purpose of the Legislation
The "Farewell to Foam Act of 2025" (H.R. 1918) aims to reduce environmental pollution by banning the sale and distribution of specific expanded polystyrene foam products, which are non-biodegradable materials commonly used in food packaging and shipping. These products break down into small pieces that harm wildlife, waterways, and ecosystems. The law seeks to encourage the use of more sustainable alternatives.
Key Provisions
- Definitions: The Act defines key terms to clarify its scope, including:
- Expanded polystyrene: A lightweight foam made from styrene (a petrochemical) using processes like molding or extrusion.
- Covered polystyrene foam ware: Includes three main items:
- Expanded polystyrene food service ware (e.g., foam plates, cups, trays, or takeout containers for prepared food or drinks, designed for single use).
- Expanded polystyrene loose fill (e.g., "packing peanuts" used to fill voids in shipping packages).
- Expanded polystyrene coolers (portable foam containers for cold storage, excluding those for medical or drug uses).
- Other terms cover stakeholders like manufacturers (those making or importing the products), distributors (those supplying them), retailers (those selling to consumers), and food service providers (e.g., restaurants, grocery stores, schools, or hospitals selling prepared food).
- Prohibitions (Effective January 1, 2028):
- Food service providers, manufacturers, distributors, and retailers cannot sell, offer for sale, or distribute expanded polystyrene food service ware.
- Manufacturers, distributors, and retailers cannot sell, offer for sale, or distribute expanded polystyrene loose fill or coolers.
- Enforcement:
- For a first violation, the Environmental Protection Agency (EPA) Administrator issues a written warning.
- For repeat violations after a warning:
- Second violation: $250 civil penalty.
- Third violation: $500 civil penalty.
- Fourth and subsequent violations: $1,000 civil penalty.
- Limitations protect small businesses: Penalties for food service providers or retailers with under $1 million in annual revenue are limited to once per 7 days; for manufacturers or distributors with under $5 million, also once per 7 days.
- States can enforce the law if they meet EPA requirements.
- Regulations: The EPA Administrator can issue rules needed to implement the Act.
Significant Changes to Existing Law
This legislation introduces a first-of-its-kind federal ban on these specific expanded polystyrene products nationwide, which previously had no uniform national restrictions. While some states and cities (e.g., California, New York) have local bans, this creates a consistent U.S.-wide standard, overriding variations in local laws. It excludes medical-related uses (e.g., for drugs or devices) to avoid conflicting with health regulations under the Federal Food, Drug, and Cosmetic Act.
Potential Impacts
- Government Agencies: The EPA gains new enforcement responsibilities, including issuing warnings, penalties, and regulations, potentially increasing administrative workload and budget needs. States may take on enforcement to share the load, reducing federal burden in compliant areas.
- Citizens: Consumers and the public benefit from reduced plastic waste in landfills, oceans, and food chains, potentially improving environmental health and reducing microplastic pollution. However, it may lead to higher costs for alternatives like paper or compostable packaging, affecting everyday purchases of takeout or shipped goods.
- Businesses and Economy: Affected industries must transition to substitutes (e.g., biodegradable materials), possibly raising short-term costs but fostering innovation in sustainable packaging. Small businesses get penalty relief, easing compliance.
- International Relations: Minimal direct impact, though it aligns with global efforts (e.g., UN plastic pollution treaties) to curb single-use plastics, potentially influencing U.S. trade in eco-friendly materials.
Main Stakeholders Affected
- Food Service Providers: Restaurants, grocery stores, schools, hospitals, and caterers must stop using foam ware for prepared foods, shifting to alternatives.
- Manufacturers and Importers: Companies producing or bringing in these foams face a full market ban, needing to repurpose production lines.
- Distributors and Retailers: Suppliers and stores selling these items (e.g., packaging companies, big-box retailers) cannot distribute them post-2028.
- Consumers: Everyday users of takeout, shipping, or coolers will encounter changes in product availability and pricing.
- Environmental and Health Groups: Benefit from pollution reduction, supporting the Act's goals.
- Small Businesses: Protected by penalty limits, but still need to adapt operations.
Notable Legal, Constitutional, or Political Implications
- Legal: Relies on the EPA's authority under environmental laws (e.g., pollution control statutes) to enforce via civil penalties, similar to other product bans like lead paint. Exclusions for medical uses prevent conflicts with federal health laws. States' optional enforcement promotes federalism (shared governance between national and local levels).
- Constitutional: Could face challenges under the Commerce Clause (regulating interstate trade) if seen as overreach, but it targets environmental harms in national commerce, likely upheld like other EPA rules. No direct free speech or property rights issues.
- Political: Sponsored by a large bipartisan group (primarily Democrats, with some Republicans), reflecting environmental priorities. It signals growing federal focus on plastic waste amid climate debates, but enforcement delays (to 2028) allow preparation time, reducing opposition from industry.
This summary was generated by AI and may contain inaccuracies. Refer to the official source document for the authoritative text.
Sponsor
Cosponsors (85)
Rep. Balint, Becca [D-VT-At Large], Rep. Barragán, Nanette Diaz [D-CA-44], Rep. Beyer, Donald S. [D-VA-8], Rep. Bonamici, Suzanne [D-OR-1], Rep. Brownley, Julia [D-CA-26], Rep. Carson, André [D-IN-7], Rep. Carter, Troy A. [D-LA-2], Rep. Casar, Greg [D-TX-35], Rep. Casten, Sean [D-IL-6], Rep. Castor, Kathy [D-FL-14], Rep. Chu, Judy [D-CA-28], Rep. Clarke, Yvette D. [D-NY-9], Rep. Cleaver, Emanuel [D-MO-5], Rep. Cohen, Steve [D-TN-9], Rep. Connolly, Gerald E. [D-VA-11], Rep. McClain Delaney, April [D-MD-6], Rep. Dexter, Maxine [D-OR-3], Rep. Elfreth, Sarah [D-MD-3], Rep. Espaillat, Adriano [D-NY-13], Rep. Evans, Dwight [D-PA-3], Rep. Friedman, Laura [D-CA-30], Rep. Frost, Maxwell [D-FL-10], Rep. Garamendi, John [D-CA-8], Rep. García, Jesús G. "Chuy" [D-IL-4], Rep. Garcia, Robert [D-CA-42], Rep. Goldman, Daniel S. [D-NY-10], Rep. Green, Al [D-TX-9], Rep. Grijalva, Raúl M. [D-AZ-7], Rep. Hoyer, Steny H. [D-MD-5], Rep. Huffman, Jared [D-CA-2], Rep. Jacobs, Sara [D-CA-51], Rep. Jayapal, Pramila [D-WA-7], Rep. Johnson, Henry C. "Hank" [D-GA-4], Rep. Kamlager-Dove, Sydney [D-CA-37], Rep. Krishnamoorthi, Raja [D-IL-8], Rep. Latimer, George [D-NY-16], Rep. Levin, Mike [D-CA-49], Rep. Lieu, Ted [D-CA-36], Rep. Magaziner, Seth [D-RI-2], Rep. Matsui, Doris O. [D-CA-7], Rep. McCollum, Betty [D-MN-4], Rep. Cherfilus-McCormick, Sheila [D-FL-20], Rep. Mfume, Kweisi [D-MD-7], Rep. Min, Dave [D-CA-47], Rep. Mullin, Kevin [D-CA-15], Rep. Nadler, Jerrold [D-NY-12], Del. Norton, Eleanor Holmes [D-DC-At Large], Rep. Ocasio-Cortez, Alexandria [D-NY-14], Rep. Olszewski, Johnny [D-MD-2], Rep. Pingree, Chellie [D-ME-1] and 35 more
Recent Actions
- 2025-03-06: Referred to the House Committee on Energy and Commerce.
- 2025-03-06: Introduced in House
- 2025-03-06: Introduced in House
Bill Versions
- Farewell to Foam Act of 2025 — issued 2025-03-06 — PDF (8 pages)