Legislation introduced by U.S. Sen. Angus King (I-Maine) would phase out single use plastic foam packing peanuts, as well as foam food service products and non-medical disposable coolers, as a way to reduce pollution.
The Farewell to Foam Act would prohibit the sale and distribution of expanded polystyrene (EPS) items, while supporting the transition to alternatives beginning in January 2026. Officials said the materials are difficult to recycle often break into tiny pieces – or microplastics – and pollute the environment, especially waterways. It’s estimated Americans use some 5.6 billion pieces of plastic foam products each year, despite their negative impacts on human health due to toxic additives within the EPS, like flame retardants and colorants.
“As anyone who’s been on riverbanks or the coast can tell you, pollution in our waters is on the rise – threatening public health, economic security, and the future of our planet,” King said. “The Farewell to Foam Act would phase out harmful foam food containers and single-use foam storage bins to protect our families and friends from ingesting these dangerous microplastics that have negative impacts on human health.”
The legislation would require food service providers, manufacturers, distributors and retailers to transition their EPS products to alternative materials by Jan. 1, 2026. The bill also authorizes the U.S. Environmental Protection Agency (EPA) to impose escalating penalties on establishments that do not transition to alternatives. The penalties would range from $250 to $1,000 per violation and would be reduced for those with lower annual revenues.