In May 2023, a U.S. manufacturer faced a six-figure penalty after off-spec and expired products – including industrial cleaning agents and sanitizers – were improperly discarded, ultimately contaminating a municipal waste stream. The company had assumed the issue ended when the products left their facility. Regulators disagreed.
As Extended Producer Responsibility (EPR) laws tighten across the U.S., this type of enforcement is no longer the exception – it’s becoming the rule.
What Is EPR and Why Does It Matter?
Extended Producer Responsibility laws place the responsibility for the end-of-life management of products squarely on the shoulders of manufacturers and brands. That means you’re no longer just accountable for what you make, but also for what happens to it – whether it’s defective, expired, or unsellable.
Traditionally associated with packaging and electronics, EPR regulations are expanding into new product categories, including food, cosmetics, medical products, automotive components, and chemicals. States like California, Oregon, Maine, and Colorado have already implemented EPR mandates – with several more considering legislation.
For companies sitting on warehouse shelves full of off-spec items – ranging from beverages to pet food, cosmetics, and sanitizers – the implications are clear: how you destroy these products matters.
The Business Case for Certified Product Destruction
Compliant product destruction isn’t just about avoiding fines. It’s also about brand protection, risk mitigation, and sustainability. Here's how:
- Confidentiality: Discreet destruction keeps defective or expired products from being resold or misused, protecting your brand’s integrity.
- Compliance: A Certificate of Destruction provides auditable proof that products were managed according to environmental regulations.
- Sustainability: Proper disposal can support landfill diversion and waste-to-energy recovery – critical for ESG reporting and regulatory alignment.
Whether it's consumer goods, industrial components, or anything in between, off-spec products carry liability. Treating them like ordinary waste is a gamble – and one that regulators are less willing to ignore.
Stay Ahead of EPR. Protect Your Brand.
Extended Producer Responsibility isn’t just a trend – it’s becoming the law of the land. As the rules tighten, so does the scrutiny on how companies handle off-spec and unsellable goods.
Don’t wait for a fine or a front-page headline. If you're managing outdated, defective, or off-spec inventory, now’s the time to put secure destruction protocols in place.
Contact us to learn how our discreet product destruction services can help you stay compliant, protect your brand, and provide peace of mind – with documentation to back it up.
Did You Know?
Oklahoma - $6.6 Million Fine for Improper Hand Sanitizer Disposal
In 2022, the owner of a precision machining and fabricating shop was fined over $6.6 million by the Oklahoma Department of Environmental Quality after improperly storing and disposing of expired hand sanitizer. The mismanagement of 1.5 million gallons of hand sanitizer onsite led to massive fires and environmental contamination.
Source:
Hand sanitizer burns in manufacturing building
DEQ issues fines, deadlines for companies storing expired hand sanitizer
Kansas – $182,879 Penalty for Hazardous Waste Violations
Two Kansas packaging companies agreed in 2024 to pay a combined $182,879 in civil penalties and invest nearly $710,000 in facility upgrades after the EPA found violations related to hazardous ink and solvent waste management.
Source:
EPA Penalizes Kansas Packaging Companies for Alleged Hazardous Waste Violations
California – $2.05 Million Settlement for Hazardous Waste Disposal
An American multinational department store paid $2.05 million in 2022 to settle allegations of illegally disposing hazardous waste—including batteries, aerosols, and cleaning agents—into regular trash bins, violating California's hazardous waste laws.
Source:
Court orders company to pay fine for the unlawful disposal of hazardous waste
