The United States is facing the implementation of a new law that has not pleased the fast food industry at all. There are states that have approved this measure since 2021, and more and more want to join. It is the prohibition of the use of polystyrene. This affects fast food companies, since their take-out food containers are made of this material. The law aims to eliminate its use for environmental reasons, as it is one of the main causes of plastic pollution, according to Heal the Planet.
In addition, according to Colgate University, it has also been shown to cause respiratory problems, so its ban is more than justified. Delaware is the latest state to join the list, along with California, New York, Oregon and Rhode Island, as well as the District of Columbia. These cities, and those that decide to join, will have to invest in biodegradable containers, which, although much more expensive, do not generate any type of danger.
Polystyrene
Polystyrene is a thermoplastic polymer obtained from the polymerization of styrene monomer. There are several types; polystyrene foam and extruded polystyrene. It is a widely used material, and among its advantages are its low cost and ease of use. However, it also has disadvantages such as poor heat resistance, high pollution, 500 years to degrade and even causes respiratory problems. It is the material mainly used in the packaging used by fast food establishments. Those that wrap our hot food, which are deformed and then we throw them in the trash without even being able to recycle them.
Prohibition of its use
In the United States, the authorities have taken measures regarding the use of this type of packaging. Several states have banned its use outright. Specifically, they have passed laws prohibiting the use of expanded polystyrene or polystyrene foam or styrofoam. The states that are already free of this material are:
- Maine, since 2021.
- New York, as of 2022.
- California, Oregon and Rhode Island, as of January 2025.
- Delaware, as of July 2025.
- Other states awaiting implementation.
What problems does this measure generate?
Many owners of small fast food establishments do not agree with this measure. The executive director of the Delaware Restaurant Association, Carrie Leishman, stated that “What this bill really affects is fairness in the restaurant industry,” adding that “it could wipe out a lot of small businesses”. Those affected state that the problem lies in the considerable price difference between polystyrene and renewable containers; 14 cents versus 25 cents, respectively. Ezell Barnes, the owner of a food truck called Zoagies, said, “We already live with very thin profit margins. The owners of the establishments state that they cannot prevent this charge from being reflected in the price of the products, thus making fast food more expensive.
Impact on the environment
According to Real The Planet, the amount of polystyrene accumulated in U.S. landfills reaches 5 billion pounds, accounting for 30% of the volume of landfills. Polystyrene is a non-recyclable material, and this makes it the main problem. And not only that. According to studies by Colgate University, it has been shown that this material is capable of releasing ozone in its manufacturing and decomposition process. This has a direct negative impact on climate change and on us humans, causing respiratory problems. However, it seems that the banning of it is working well. According to the New York Department of Sanitation, after the law came into force, the amount of waste has been reduced by 54% between 2017 and 2023.
Perhaps something should be made due to the high prices of renewable containers, but, as I see it, banning this material has been a very wise measure in order to reduce its harmful effects on the environment and humans.




