WASHINGTON, D.C. – U.S. Senator Angus King has introduced bicameral legislation to phase out single-use plastic foam food service products, “loose fill” such as packing peanuts, and non-medical disposable coolers – materials known to cause adverse health effects and pollute waterways. The Farewell to Foam Act would prohibit the sale and distribution of these items beginning January 2026 while aiming to support the transition to alternatives.

Expanded polystyrene (EPS), known more commonly as plastic foam, is one of the most harmful forms of single-use plastic. These materials, which also often contain other toxic additives such as flame retardants and colorants, are known to have negative impacts on human health, with links to central nervous system damage and increased risk of cancer. Additionally, they are difficult to recycle and prone to break up into tiny pieces – or microplastics – and often wash away into the environment, especially waterways. It is estimated that Americans use at least 5.6 billion pieces of plastic foam products each year.

“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,” said Senator King. “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. We need bold action to tackle this global crisis, and this bill is a common-sense step we can take to reduce our dependence on this particularly harmful form of plastic.”

The Farewell to Foam Act aims to build on Maine’s progress and reduce plastic foam pollution nationwide by requiring food service providers, manufacturers, distributors, and retailers to transition their stock of EPS products such as food ware, coolers, and loose packing fill to alternative materials by January 1, 2026.

The bill also authorizes the U.S. Environmental Protection Agency (EPA) to impose escalating penalties on establishments that violate the EPS prohibition during one calendar year: $250 for the first violation, $500 for the second violation, and $1,000 for the third and subsequent violations. Service providers and retailers with annual revenue less than $1,000,000 and manufacturers and distributors with annual revenue less than $5,000,000 will not be penalized more than once during any seven-day period. The legislation provides exemptions for EPS material used for medical, industrial, or safety purposes.

Additional Senate cosponsors of this legislation are U.S. Senators Chris Van Hollen (D-Md.), Richard Blumenthal (D-Conn.), Ed Markey, (D-Mass.), Jeff Merkley (D-Ore.), Bernie Sanders (I-Vt.), Elizabeth Warren (D-Mass.), Peter Welch (D-Vt.), and Ron Wyden (D-Ore.). U.S. Representative Lloyd Doggett (D-Texas) introduced companion legislation in the House.

A copy of the bill text is available here.

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