Federal Bill Proposes Ban on Foam Food Containers, Coolers, and Packing Peanuts Starting 2028

A new piece of legislation, the Farewell to Foam Act of 2025, is taking aim at those ubiquitous white foam products. If enacted, this bill would establish a nationwide ban on the sale, offer for sale, or distribution of specific items made from expanded polystyrene, starting January 1, 2028. The core goal is to curb pollution stemming from these materials, which are notoriously difficult to recycle and persist in the environment.

Clearing Out the Foam: What's Covered?

So, what exactly is on the chopping block? The bill targets three main categories defined under SEC. 2:

• Expanded polystyrene food service ware: Think single-use items like foam cups, plates, bowls, clamshell containers, and even egg cartons used by restaurants, cafes, grocery stores, schools, and hospitals (SEC. 3). If you get takeout or coffee, you'll likely see a shift away from foam if this passes.
• Expanded polystyrene loose fill: Commonly known as packing peanuts, this foam filler used in shipping would be banned from sale or distribution by manufacturers, distributors, and retailers (SEC. 3).
• Expanded polystyrene coolers: Those lightweight, disposable coolers often used for picnics or transporting cold items are also included in the ban for manufacturers, distributors, and retailers (SEC. 3). However, the definition specifically excludes containers used for shipping temperature-sensitive drugs, medical devices, or biological products (SEC. 2).

This ban applies broadly – from the manufacturers making the foam products to the local deli using foam containers and the stores selling packing peanuts or disposable coolers.

Rules of the Road: Enforcement and Penalties

How would this ban be enforced? The Environmental Protection Agency (EPA) Administrator is tasked with overseeing compliance (SEC. 4). The bill outlines a tiered penalty system:

1. First violation: A written warning.
2. Second violation: A $250 fine.
3. Third violation: A $500 fine.
4. Fourth and subsequent violations: A $1,000 fine.

There's a bit of breathing room for smaller operations. Food service providers or retailers earning less than $1,000,000 annually, and manufacturers or distributors earning less than $5,000,000 annually, can only be fined once within any 7-day period, even if multiple violations occur during that time (SEC. 4). The EPA Administrator is also authorized to let states handle enforcement if they meet federal requirements (SEC. 4) and to create necessary regulations to implement the act (SEC. 5).

The Shift Away From Styrofoam

If this bill moves forward, businesses across the supply chain – from chemical companies to corner stores – will need to transition away from these specific polystyrene foam products by the 2028 deadline. This means sourcing and potentially investing in alternative packaging and containers. For consumers, it translates to seeing fewer foam products in daily life, from takeout meals to shipped packages. While the act focuses squarely on banning these items, the practical effect is a push towards materials generally considered more environmentally friendly, though the bill itself doesn't mandate specific replacements. The effectiveness will hinge on consistent enforcement and the availability of viable, affordable alternatives for businesses, especially smaller ones navigating the change.