Packaging and Claims Requirements

Full Title:
PACK Act

Summary#

This bill adds a new section to the Federal Trade Commission Act that sets rules for claims about packaging being recyclable, compostable, or reusable. It bans deceptive claims and sets conditions for when claims must be qualified. For recyclable claims, makers must include information about how many consumers or communities can actually recycle the packaging unless a recycling program is available to a substantial majority (defined as 60% or more) and the full package (except small components) is recyclable. The bill lists situations that count as not recyclable, such as when a package shape or a component prevents recycling.

For compostable claims, the bill bars false claims, requires reliable scientific evidence of compostability, and requires clear qualifications when packaging cannot be safely or timely composted at home, when the claim might mislead about landfill benefits, or when municipal/institutional composting is not available to a substantial majority. For reusable claims, the bill bans false claims and requires that a seller provide a means to reuse the packaging — either a collection-and-reuse system or a product consumers can buy to reuse the packaging.

The bill forbids using the chasing-arrows recycling symbol around resin identification codes on packaging that is not eligible to claim compostable, recyclable, or reusable status, though it allows a simple triangle around the resin code consistent with an ASTM standard. It requires accredited third-party certification for packaging claims and defines accreditation and certification standards. The Federal Trade Commission (FTC) must issue guidance within two years on how to comply, work with the EPA, and form an advisory council of industry and technical experts. The FTC may not issue binding rules under this section. Violations are treated as unfair or deceptive acts and are enforceable by the FTC. The bill preempts state and local laws that are not identical to its requirements. The bill also includes definitions, including that "substantial majority" equals 60 percent or more.

What it means for you#

  • Consumers: Packaging should have clearer, qualified labels about whether it can be recycled, composted, or reused. Labels may include how many people have access to recycling or whether industrial composting is required.
  • Businesses that make or sell packaged products: They must avoid false claims, provide required qualifiers, use accredited third-party certification for claims, and for reusable claims provide a reuse system or a product to enable reuse.
  • State and local governments: States may not keep or create different requirements that are not identical to this federal standard.

Expenses#

No publicly available information on budgetary costs or estimates is included in the bill text or metadata. The bill requires actions such as third-party certification, FTC guidance, and an advisory council, but it does not provide cost or budget numbers.

Proponents' View#

No publicly available information in the bill text or metadata describes proponents' arguments or stated benefits.

Opponents' View#

No publicly available information in the bill text or metadata describes opponents' arguments or stated concerns.