A GOP congressman from Texas has introduced a bill to establish a federal labeling standard for environmental claims on consumer packaging, in an effort to preempt a “patchwork” of state laws – particularly in California.
The Packaging and Claims Knowledge (PACK) Act aims to “put an end to misleading ‘green’ labels that confuse consumers and undermine real recycling efforts,” according to a press release from Republican Randy Weber, who represents Texas’ 14th congressional district near Houston.
“Packaging and labeling standards in the United States are increasingly influenced by state-level regulations, particularly those adopted in California,” Weber said in the announcement. “Because of the size of California’s market, standards set by the state can have national implications for manufacturers, supply chains, and consumers, even when companies operate primarily outside of California.”
The resulting confusion “has made it harder for consumers to know what can actually be recycled and has weakened legitimate environmental initiatives,” he added.
Administered under the Federal Trade Commission, the PACK Act would require that such claims be scientifically verified and recognized by existing recycling or composting programs, “ensuring honesty and transparency without imposing new mandates.”
The law would:
- Require third-party certification for consumer packaging claims
- Focus on consumer packaging, and exempt non-consumer packaging
- Preempt state laws, to ensure a consistent national standard for environmental labels on packaging
More than 40 industry stakeholders signed a letter in support of the act, including Amcor, American Beverage Association, packaging industry group Ameripen, Can Manufacturers Institute, Dart Container, Dow, General Mills, Keurig Dr Pepper, Mondelez and the Plastics Industry Association.
Matt Seaholm, president and CEO of the Plastics Industry Association, said that “companies and consumers are currently navigating a complex landscape of rules around recyclable, compostable, and reusable packaging claims. This growing patchwork not only creates regulatory uncertainty but also has the potential to increase costs and contribute to broader affordability concerns.”
“By reducing consumer confusion and enabling informed choices, the PACK Act will promote proper management of packaging materials at end-of-life, diverting them from landfills and advancing a circular economy,” Ameripen president Lynn Dyer said in a statement.
In October, Dyer told attendees at an Association of Plastic Recyclers (APR) member meeting that California’s SB 343 “has been concerning a number of different brands.”
“We’re starting to see more states mandate use of specific labeling on packaging products,” she said, noting that composting mandates also differ between states such as Colorado and Washington.
APR owns Resource Recycling, Inc., publisher of Plastics Recycling Update.
In summer 2024, prior to Dyer’s appointment, Ameripen and other stakeholders requested that any federal standard preempt state mandates, in response to a draft proposal for a “truth in labeling” bill from Sen. Jeff Merkley, a Democrat from Oregon.
