The California Air Resources Board (CARB) was established on August 30, 1967. It was formed when then-Governor Ronald Reagan approved the Mulford-Carrell Air Resources Act, which combined two existing agencies: the Bureau of Air Sanitation and the Motor Vehicle Pollution Control Board. This created a unified, statewide approach to address California's severe air pollution issues. California's smog regulations, primarily set by the California Air Resources Board (CARB), have had a profound and widespread impact on how cars are manufactured for all states in the U.S. and even globally as manufacturers found it more efficient to build all vehicles to comply with the more restrictive standards than to maintain two processes. Consistent with automobile manufacturing, electronic and medical device manufacturers in the United States are looking at their End-of-Life processes to comply with Extended Producer Responsibility (EPR) requirements. EPR is an environmental policy approach that holds producers (manufacturers, brand owners, importers) responsible for the entire lifecycle of their products, especially for their post-consumer management. This means producers are accountable for the collection, recycling, and safe disposal of their products and packaging once consumers are done with them. The core idea behind EPR is to shift the financial and operational burden of waste management from local governments and taxpayers to the companies that introduce these products into the market. By doing so, EPR aims to:

• Incentivize sustainable product design: Manufacturers are encouraged to design products that are more durable, reusable, recyclable, and contain less hazardous materials, as they will bear the costs of managing them at the end of their life. This often involves "eco-modulation" of fees, where producers pay less for more environmentally friendly products.


• Increase recycling and material recovery: EPR programs typically establish collection and recycling systems, leading to higher rates of materials being diverted from landfills.


• Reduce waste: By promoting design for circularity and efficient end-of-life management, EPR helps minimize overall waste generation.


• Support a circular economy: EPR is a key driver for transitioning from a linear "take-make-dispose" economy to a circular one where resources are kept in use for as long as possible.

A US manufacturer that sells products in the global market absolutely must comply with EPR. The key principle of EPR is that the responsibility lies with the entity that places the product on the market in each jurisdiction. Here is a breakdown of why and how:

• Territorial Principle: EPR is largely a territorial regulation. This means that if you sell your product (and its associated packaging) into a country or region that has an EPR law, you, as the "producer" for that market, are obligated to comply with their specific EPR requirements. It does not matter where your company is headquartered or where the product was originally manufactured.


• Global Spread of EPR: While the US has a patchwork of state-level EPR laws, many other countries, and regions, particularly in the European Union (EU), Canada, and increasingly in Asia and Latin America, have robust and long-standing EPR systems. These systems often cover a wide range of product categories, including:
  
  
  
  • Packaging: This is one of the most common EPR categories globally.³
  
  
  • Electronics (WEEE - Waste Electrical and Electronic Equipment): Covering everything from computers to household appliances.⁴
  
  
  • Batteries: All types of batteries, from consumer to industrial.⁵
  
  
  
  


• Defining "Producer" in International Contexts: The definition of "producer" can vary slightly by jurisdiction, but generally includes:
  
  
  
  • The manufacturer of a product sold under their own brand.
  
  
  • The importer of a product into a country.
  
  
  • The brand owner who sells products under their brand, even if manufactured by a third party.
  
  
  • Sometimes, even online marketplaces facilitate sales into a country from non-compliant sellers.
  
  
  
  

US manufacturers selling globally must treat EPR compliance as a critical aspect of their economic strategy and adapt their processes within the US as well. As with automobile manufacturers, companies whose products need to comply with EPR should evaluate their products and packaging to comply with EPR unilaterally and understand the efficiencies of “design with the end in mind” production. Working with a demanufacturing engineer to understand both how existing products can be integrated into the circular economy both from a material and a reuse market perspective. Demanufacturing can become proactive step and not a reactive approach to compliance.