How You Can Support the PACK Act:
If your organization supports consistent national standards for recyclable, compostable, and reusable claims on packaging, you can help by:
The Challenge
Retailers, consumer packaged goods companies, and their suppliers are navigating a growing patchwork of state laws governing claims that packaging is recyclable, compostable, or reusable.
These differing requirements can create interstate commerce challenges for businesses and confusion for consumers trying to understand how to handle packaging after use.
The Federal Trade Commission currently regulates advertising claims under federal law, but it does not have the authority to preempt conflicting state requirements. While the FTC’s Green Guides offer guidance, they are not independently enforceable and do not carry the force of law.
The Solution
AMERIPEN supports passage of the bipartisan Packaging and Claims Knowledge Act, H.R. 6832, introduced by Congressman Randy Weber and supported by a growing group of cosponsors.
The PACK Act would establish a federal framework through the FTC for consumer packaging claims regarding recyclability, compostability, and reusability. A consistent national structure would help businesses communicate accurately across state lines, reduce consumer confusion, and support the proper management of packaging at end of life.
Why This Matters
The PACK Act would:
Consumer Clarity
Provide consumers with clear, consistent information about recyclable, compostable, and reusable packaging
Business Certainty
Create greater regulatory certainty for businesses
Interstate Commerce
Support interstate commerce
End of Life Management
Help packaging materials be managed correctly at end of life
Reduced Confusion
Reduce confusion created by differing state requirements
Circular Economy
Advance a more circular economy
PACK Act at a Glance
The PACK Act would continue to give the FTC primary authority over these claims while creating a harmonized national framework to prohibit unfair or deceptive packaging claims. The legislation also directs the FTC to consult with the Environmental Protection Agency as the framework is developed.
Third-Party Certification for Consumer Packaging
The PACK Act would require recyclable, compostable, and reusable claims on consumer packaging to be approved by an accredited third-party certification body.
This would allow businesses to use qualified independent organizations to confirm that packaging meets applicable standards and aligns with the FTC’s Green Guides.
Focus on Consumer Packaging
The certification requirements would apply to consumer packaging and account for differences in packaging type, shape, size, and color.
Non-consumer packaging would not be subject to the mandatory third-party certification requirement.
State Preemption
States would be preempted from adopting or enforcing requirements that differ from the federal framework.
Why Organizations Support the PACK Act
Organizations across the packaging value chain support the PACK Act because it would:
- Create one national framework for recyclable, compostable, and reusable claims
- Improve clarity and consistency for consumers
- Reduce regulatory complexity for businesses
- Support practical, science-based packaging policy
Supported Across the Packaging Value Chain
Ferrara
Resources to Help You Understand and Support the PACK Act
Questions?
If you have questions about the PACK Act or would like to learn more about how to support it, please reach out to Danielle Waterfield, AMERIPEN's Policy Director & General Counsel at daniellew@ameripen.org.