Recent developments at the federal legislative and regulatory levels signal a significant shift toward greater transparency requirements in the pharmacy benefit management (PBM) industry.

Seven states have passed Extended Producer Responsibility (EPR) laws related to single-use packaging and plastic food serviceware, with other states considering similar legislation. The intent of these laws is to hold the producers of covered materials financially responsible for their ultimate disposal. Certain states are also requiring the reduction of plastic or non-recyclable plastic used in these materials over time. Legislation is in various stages of implementation, and Oregon is the first state to issue fees to producers. In connection with a legal challenge to Oregon’s EPR program, a court recently granted a preliminary injunction, preventing Oregon from enforcing the law against the plaintiff (an industry group) pending resolution of the case. Meanwhile, CalRecycle continues to struggle with finalizing its proposed regulations implementing California’s EPR law, this time withdrawing its proposed regulations to tinker with provisions related to food and agricultural commodities.

Recent developments suggest a potential inflection point in the proxy advisory landscape. JPMorgan Chase & Co.’s decision to discontinue the use of proxy advisory firms in favor of an internal, AI-driven voting platform, combined with escalating regulatory, legislative, and enforcement activity targeting the industry, signals heightened scrutiny of the role and influence of proxy advisors in U.S. capital markets. In this alert, we examine JPMorgan’s move, the broader regulatory and political backdrop, and what these developments may mean for plan fiduciaries, asset managers, and public companies navigating proxy voting and governance decisions in a rapidly evolving environment.