- with readers working within the Environment & Waste Management industries
The U.S. Environmental Protection Agency’s (EPA’s) April 2026 draft Sixth Contaminant Candidate List (CCL 6) places microplastics on the federal regulatory radar for the first time, increasing risk of more extensive compliance costs and potential litigation. Notably for consumer product companies, as seen with per- and polyfluoroalkyl substances (PFAS), the EPA has taken more of a “polluter pays” lens to assess contributors to drinking water contamination throughout the supply chain, and consumer products have already been documented contributors to microplastic loads in the environment. At this early stage of federal regulation, with some data gaps yet to be filled, this initial step may create concerns for stakeholders across the consumer products supply chain.
Stakeholders may face more notable near-term exposure risk related to microplastics at the state level. Some regulators and state attorneys general (AGs) have applied product restrictions, labeling rules, and consumer protection theories to plastics-related claims and practices. Some state AGs are actively sending letters, issuing Civil Investigation Demands (CIDs), and pursuing litigation against various targets, including consumer product companies and trade associations. State AGs are not solely targeting presence of and potential contamination from microplastics; a coalition of state AGs is also pursuing companies and trade associations regarding plastic reduction initiatives.
Key Takeaways
- For consumer brands, risk is not limited to intentionally added microplastics; it may also arise from packaging, product shedding, and end-of-life representations.
- Retailers, importers, and brand owners may face exposure even when they do not manufacture the underlying materials directly.
- Some state-level regulation is moving faster than federal action, particularly regulation focused on recyclability labeling rules, chemical-priority programs, and scrutiny of environmental marketing claims.
- Some state AGs are actively pursuing plastic-related claims but are not necessarily acting harmoniously.
Considerations for Impacted Stakeholders
Companies affected by regulation on microplastics may wish to consider the following:
- Review product formulations and packaging to identify where microplastics or microplastic-related shedding issues may be present.
- Reassess recyclability, sustainability, safety, and other environmental claims to confirm they are well substantiated under evolving state-law standards.
- Evaluate supplier certifications, testing protocols, and internal substantiation files to confirm support for public-facing statements.
- Assess trade association action as part of the full assessment of microplastics risk.
The content of this article is intended to provide a general guide to the subject matter. Specialist advice should be sought about your specific circumstances.
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