For packaging professionals, labeling decisions are not abstract policy debates. They are operational realities. Artwork approvals, material specifications, regulatory reviews, and national distribution strategies all depend on clarity.
Today, achieving that clarity is increasingly difficult when it comes to environmental marketing claims on packaging. States are enacting differing rules governing the use of the terms “recyclable,” “compostable,” and “reusable.” While well-intentioned, this growing patchwork creates compliance challenges for companies operating across state lines. Definitions, substantiation standards, and enforcement approaches vary, forcing packaging teams to evaluate whether to redesign labels, eliminate claims altogether, or absorb additional regulatory risk.
For companies managing hundreds or thousands of SKUs across national distribution networks, even minor variations in state standards can introduce version-control challenges, packaging redesign costs, and supply chain inefficiencies. Divergent substantiation requirements may require separate artwork approvals, segmented inventory, additional regulatory review, and longer time-to-market. The operational impact is real and growing.
The root of the problem is structural. In the U.S., the Federal Trade Commission manages environmental marketing claims through its Green Guides, but those guides serve as advisory guidance and do not carry independent, enforceable authority. Without a harmonized federal framework, states are stepping in to regulate packaging claims independently, creating inconsistent standards across the country.
The Packaging and Claims Knowledge Act, known as the PACK Act, offers a practical solution. Introduced by U.S. Representative Randy Weber (R-Tex.), the bipartisan bill directs the FTC to establish a clear federal framework governing recyclable, compostable, and reusable claims on consumer packaging. The goal is not to expand regulation, but to replace fragmentation with consistency.
The PACK Act strengthens the FTC’s authority by formalizing enforceable standards for these three specific claims. It also directs the agency to coordinate with the Environmental Protection Agency to ensure alignment with broader environmental objectives.
A key feature of the bill is a mandatory third-party certification requirement for companies that choose to make recyclable, compostable, or reusable claims. Certification must be provided by an accredited independent body demonstrating compliance with FTC standards. The bill does not require companies to make claims; it establishes clear substantiation requirements when they do.
The most significant operational benefit is targeted preemption. States would be preempted from enforcing labeling requirements that differ from the federal framework. For companies managing packaging design, print runs, inventory, and nationwide distribution, a single standard reduces compliance risk, simplifies execution, and restores predictability.
Importantly, the PACK Act is narrowly tailored. It does not alter extended producer responsibility programs, recycled content mandates, or other packaging policies. It focuses exclusively on labeling consistency for three defined environmental marketing claims.
Clear and consistent claims also support circularity. When consumers receive accurate disposal information, contamination decreases and material recovery improves. Inconsistent labeling undermines both trust and system performance.
The PACK Act offers Congress an opportunity to restore clarity, protect interstate commerce, and strengthen consumer confidence. Without federal action, the patchwork will continue to grow, increasing complexity for companies and confusion for consumers.
AMERIPEN is working with a coalition of organizations across the packaging value chain to advance the PACK Act and support its passage. A harmonized national framework will only move forward if companies demonstrate that consistency matters. PW
Danielle Waterfield, Policy Director & General Counsel, AMERIPENAMERIPEN
