PolicyBrief
H.R. 1918
119th CongressMar 6th 2025
Farewell to Foam Act of 2025
IN COMMITTEE

The Farewell to Foam Act of 2025 bans the sale and distribution of expanded polystyrene food service ware, loose fill packaging, and coolers starting January 1, 2028, with escalating fines for non-compliance.

Lloyd Doggett
D

Lloyd Doggett

Representative

TX-37

LEGISLATION

Goodbye, Styrofoam: Federal Ban on Foam Containers, Coolers, and Peanuts Kicks In January 2028

The “Farewell to Foam Act of 2025” is exactly what it sounds like: a nationwide effort to phase out most products made from expanded polystyrene—better known by the brand name Styrofoam—by January 1, 2028. This isn't just about your coffee cup; the bill targets three big categories: foam food service ware, foam loose fill (packing peanuts), and portable foam coolers. The Environmental Protection Agency (EPA) Administrator is tasked with enforcing this new rule, which is going to hit everyone from the local deli owner to major shipping companies.

The Takeout Container Countdown

Starting on the 2028 deadline, manufacturers, distributors, and retailers won't be allowed to sell or hand out any expanded polystyrene food service ware. This covers virtually all single-use foam items used to serve prepared food, whether it’s a bowl, a plate, a cup, or a takeout carton. The definition of a “food service provider” is incredibly broad, sweeping up not just restaurants and coffee shops, but also caterers, grocery stores, hospitals, and even college cafeterias. If your workplace cafeteria serves food, they're covered. This means every business that relies on these usually low-cost containers will have to switch to alternatives—think cardboard, molded fiber, or other compostable materials—which typically come with a higher price tag. That cost increase is likely going to get passed right along to consumers, meaning your takeout lunch might cost a few cents more.

Shipping Shake-Up and the Cooler Conundrum

It’s not just food getting a packaging makeover. The bill also bans the sale and distribution of expanded polystyrene loose fill—those annoying packing peanuts—and foam coolers starting on the same date. If you work in logistics, warehousing, or run an e-commerce business, you’ll need to find new ways to cushion fragile items in boxes. The good news for the medical field is that the ban specifically carves out an exception for coolers used to ship drugs, medical devices, or biological products, recognizing the critical need for temperature control in those specific supply chains. For everyone else, those cheap foam coolers you grab for a picnic or construction site lunch will be replaced by something else, likely more expensive or less effective at insulation.

How the EPA Plans to Enforce It

The enforcement mechanism starts relatively gently but escalates quickly. If a business breaks the rule for the first time, the EPA Administrator (or a state agency if the EPA delegates the job) just sends a written warning. However, if that business slips up again, the fines start: $250 for the second violation, $500 for the third, and $1,000 for the fourth and every violation after that. To keep the heat off smaller players, the bill limits how often fines can be issued: small food service providers (under $1 million in annual revenue) and smaller manufacturers/distributors (under $5 million) can only be fined once every seven days. While this offers a little breathing room, the threat of recurring $1,000 fines is a massive compliance headache for any small business already juggling rising costs. The EPA also gets broad authority to write all the specific rules needed to make this ban work, which means the details of implementation are still TBD.