PACK Act Advances U.S. Packaging Claims Framework

Used cardboard boxes collected for recycling

The PACK Act would establish national requirements for recyclable, compostable and reusable claims on consumer packaging. Photo: Pexels

Industry News

A U.S. House subcommittee has advanced legislation that would establish national requirements for recyclable, compostable and reusable claims on consumer packaging, with implications for paper and paperboard packaging suppliers.

The House Energy and Commerce Subcommittee on Commerce, Manufacturing, and Trade voted September 1 to send the Packaging and Claims Knowledge (PACK) Act, H.R. 6832, to the full committee. The measure advanced by voice vote and remains a legislative proposal.

Introduced by Representative Randy Weber of Texas, the bipartisan bill seeks to harmonize packaging claims across the United States. Supporters argue that differing state requirements complicate labeling and increase costs for companies selling products nationwide.

Voluntary claims, mandatory certification

Companies would remain free to decide whether to describe their packaging as recyclable, compostable or reusable. Those choosing to make such claims would need certification from an accredited independent third party, according to AMERIPEN’s overview of the proposal.

AMERIPEN, which represents the packaging value chain and supports the legislation, says a consistent framework would help businesses communicate more clearly with consumers.

During the markup, lawmakers adopted a substitute amendment offered by Representative Russ Fulcher of Idaho. It clarifies the role of Federal Trade Commission guidance and establishes minimum requirements for certification and accreditation bodies.

What matters for fiber-based packaging

The amended text makes clear that using a recyclable material would not, by itself, justify a recyclability claim. Packaging would not qualify if an inseparable component significantly limits recycling, or if its shape, size or other characteristics prevent acceptance in recycling programs.

Claims would generally need to explain limited recycling access. An exemption would apply where programs or facilities serve at least 60% of consumers or communities where the product is sold and the entire package is recyclable, apart from minor incidental components.

For paper and paperboard packaging developers, these provisions highlight the importance of evaluating the finished package alongside the material itself.

The amendment also directs the FTC to consider different packaging materials, including paper, when developing guidance. That guidance would be nonbinding; enforcement would have to rest on a violation of the legislation.

Federal requirements would preempt state and local provisions governing the covered claims, while allowing identical state requirements to remain applicable.

The bill’s supporters include the U.S. Chamber of Commerce, the National Association of Manufacturers and several major consumer goods companies. Its next step is consideration by the full House Energy and Commerce Committee.