There’s always been a strong business case for environmentally-friendly product packaging — consumers have been embracing brands that embody sustainability for many years.
But, increasingly, global legislation is moving to enforce this environmentally-conscious approach.
As brands navigate the complex landscape of global legislation and seek to ensure products succeed in a world where sustainability is no longer just a ‘nice to have’, let’s explore some of the major themes and their potential impacts.
How are regulations influencing packaging designs, materials, processes and compliance strategies?
In this article…
- Packaging Sustainability Legislation: An International Overview
- Impact on Packaging Materials and Design
- The Future of Sustainable Packaging
Packaging Sustainability Legislation: An International Overview
From plastic taxes to recycling mandates, regulations are growing in scope, reach and ambition, forcing many product packaging teams to adapt their approach (if they haven’t already in response to market demand).
United States
11 states have introduced packaging extended producer responsibility (EPR) so far, meaning that businesses who place packaging onto the market are responsible for funding the recycling of materials.
Amongst these states are Colorado, Maine, Oregon, New Jersey and Washington. But, as with so much environmental regulation and rulemaking to emerge from the United States, California leads the way.
California: The Strongest EPR and Recycling Legislation in the US
Under the state’s SB 54 Plastic Pollution Prevention and Packaging Producer Responsibility Act, signed into law in June 2022, producers of single-use packaging and single-use food service have been required to join a Producer Responsibility Organization (PRO) since January 2024 and work together towards a number of goals.
Plastics must meet the following recyclability rates: 30% by January 2028, 40% by January 2030, and 50% by January 2032. Under SB54, all packaging in California must be recyclable or compostable by 2032.
PROs are also required to implement a plan to achieve a 25% reduction by weight and 25% reduction by plastic components by January 2032.
California Rigid Plastic Packaging Container Program
Originally enacted in 1991, the California Rigid Plastic Packaging Container Program aims to reduce the amount of plastic and increase the use of recycled postconsumer plastic. There have been a number of revisions over the years to expand the scope of the regulations.
In 2024, a Rigid Plastic Packaging Container (RRPC) is classified as a container that:
- Is made entirely of plastic (except for incidental portions of the packaging).
- Has a relatively inflexible shape or form.
- Has a minimum capacity or volume of eight fluid ounces (236.6 ml), up to a maximum capacity or volume of five gallons (18.9 litres).
- Is capable of at least one closure (including closure during the manufacturing process).
- Holds a product that is sold or offered for sale in California.
Under the law, those producing, importing and selling products that use these RPPCs must be compliant with one of the following requirements:
- Made from a minimum of 25% recycled materials
- Reusable
- Source-reduced (container weight reduced by 10%)
- Contain floral preservatives and later be used in the floral business
- 45% recycling rate at the minimum
Another law for packagers operating in the US market to be aware of include the Safer Food Packaging and Cookware Act of 2021 (AB1200) — effective as of 2023 — which banned paper-based food packaging that contains PFAs and forces cookware producers to disclose use of harmful chemicals.
United Kingdom
Extended Producer Responsibility (EPR)
Extended producer responsibility was first outlined in the UK in 2022. Like in the US, this has changed the way that organisations responsible for packaging must carry out their recycling responsibilities.
Since 2023, those who import or supply packaging have been required to collect and report packaging data. Full EPR implementation and fees will start in October 2025, having been deferred from October 2024.
EPR coincides with the ‘polluter pays’ environmental policy principle. By financially impacting producers that place hard-to-recycle materials onto the market, EPR’s aim is simple: to encourage exploration of more sustainable, recyclable and lightweight packaging solutions.
Plastic Packaging Tax
In April 2022, the UK government introduced a new tax on plastic packaging — aptly named the Plastic Packaging Tax. This measure is part of the government’s resources and waste strategy, which aims to eliminate avoidable waste of all kinds, including plastic waste, by 2050.
The aim is similarly straightforward to EPR: to financially incentivise the adoption of more sustainable solutions, like recyclable plastic.
Organisations who have manufactured or imported 10 or more tonnes of plastic packaging in the last 12 months need to register. If you have created or imported plastic packaging components containing less than 30% recycled plastic, you’ll need to pay the tax.
The charge has increased every year since its introduction — as of April 2024, it has risen to £217.85 per tonne.
European Union
Single-use Plastics Directive
In July 2021, the EU’s directive on single-use plastics came into force, introducing a range of measures on items like cutlery, straws, food and beverage containers and plastic wrappers. Where sustainable alternatives are easily available and affordable, these items were banned from being placed on the markets of EU member states.
Packaging and Packaging Waste Regulation
In April 2024, the European Parliament adopted the Packaging and Packaging Waste Regulation (PPWR). It aims to facilitate the transition to a circular economy, marking a big shift in packaging regulation in the European Union.
The key takeaways for packaging teams include:
- Overall packaging reduction targets: 5% by 2030, 10% by 2035 and 15% by 2040.
- Specific targets to reduce plastic packaging: 10% by 2030, 15% by 2035 and 20% by 2040.
- Recycled content of plastic packaging: 10–35% by 2030, 50–65% by 2040. The EU’s plastic packaging is expected to comprise more recycled plastic than virgin plastic by 2040.
- Recyclability: All packaging should be recyclable. Packaging with a recyclability grade below 70% is not considered recyclable and may not be placed on the market. Temporary exemptions exist, such as for wood and wax food packaging.
- Very lightweight plastic bags banned: Carrier bags below 15 microns are no longer allowed, unless required for hygiene reasons — or used as primary packaging for loose food to help prevent food wastage.
- Certain single-use packaging formats restricted: Examples include hotel miniature packaging for toiletry products and shrink-wrap for suitcases in airports.
- ‘Forever chemicals’ banned: This includes Bisphenol A in food contact packaging and compounds like per- and polyfluorinated alkyl substances (PFAS).
- Return, collection and deposit return systems: PPWR aims to encourage reuse and refill options for consumers. EU member states are required to set up systems and infrastructure for the turn and collection of all packaging waste from end users for re-use and recycling. By 2029, 90% of the materials in packaging by weight — plastic, wood, metals, glass, paper, cardboard — should be collected separately.
The Rest of the World
Further afield, Australia has introduced the Australian Packaging Covenant Organisation (APCO) — a partnership between local governments and businesses. It has a number of aims, including ensuring 100% of all packaging types are either reusable, recyclable or compostable by 2025.
China, despite being one of the largest exporters of plastic packaging, is one of the lowest producers of waste. There are a number of very stringent mandates banning and limiting the use of plastic products.
As well as a culture of reuse, the country has a staggered list of directives for phasing out single-use plastics that affects hospitality, catering, foodservice and packaging producers.
In India, there are a number of EPR measures to encourage implementation of eco-friendly design, recycling and safe disposal. That’s in addition to targets to make 100% of plastic packaging reusable or recyclable by 2030.
Impact on Packaging Materials and Design
In the face of requirements for recycled content and global bans on single-use plastics, how are product manufacturers adapting materials, designs and processes to keep their products compliant — and give them the best chance of success globally?
Pulp and Paperboard Containers
Given their status as bio-based and biodegradable alternatives, there is a growing shift towards pulp and paperboard containers.
These materials are, on average, more recyclable than plastic alternatives — the global market size for paperboard packaging is forecast to grow by 25.7% between 2024 and 2029. Modern consumer-focused brands are also finding value in the ease of printing afforded by these pulp containers, unlocking more branding possibilities.
However, these materials do present some challenges to manufacturers. There is often friction between sustainability and product integrity — this is perfectly illustrated by the use of pulp.
An inherent lack of material stability can necessitate the use of coatings, liners and lacquers. This can, to an extent, mean a compromise in sustainability to keep the product safe for consumption. The benefit, however, to these ‘less sustainable’ product coatings is that manufacturers can minimise use of additives and preservatives within the product itself whilst maintaining shelf stability and safety.
Trade-offs between sustainability and product integrity — and the careful balance that manufacturers need to strike — is an important conversation for brands and consumers to have. All materials have plus points and drawbacks.
Design Adjustments for Meeting New Standards
As well as the search for alternative materials, there has been a trend towards lightweighting. This not only reduces the amount of packaging, but helps to minimise carbon footprint and transportation costs throughout the supply chain.
Rather than the traditional neck thread and screw cap — typically very heavy and over-engineered packaging components — foil closures have grown in popularity. As well as increasing recyclability, in some cases, simple design changes like this have succeeded in reducing packaging weight by 60%.
In pursuit of the circular economy, packaging designs are increasingly incorporating mono-materials — that is, where a product package is composed of a single material or very few single material elements. These facilitate the recycling process by making it easier for the consumer and more efficient for recycling chains to clean and process. The use of single materials also simplifies the production process.
Compliance Strategies and Testing
To ensure ongoing compliance with the ever-changing plethora of regulations, packaging and R&D teams need to keep an ear to the ground for announcements and initiatives from regulatory bodies.
Assimilating and applying these guidelines and rulings to a product range is easier said than done, of course. Many brands are enlisting legal expertise to guide their compliance strategies and stay abreast of all the changes — whether that’s through hiring an in-house legal team, or appointing consultant experts.
In an increasingly complex regulatory landscape, product testing and validation is essential. This involves assessing packaging for compliance across measures like recyclability and biodegradability. Manufacturers can expect to be issued with a report highlighting their product’s characteristics and a certificate of compliance.
The Future of Sustainable Packaging: Innovation and Collaboration
Consumer demand and legislative changes are two twin forces powering the adoption of sustainability in all aspects of packaging strategy. So, what does the future hold?
Material innovation is certainly one avenue. PepsiCo and Pulpex recently developed the world’s first 100% fully recyclable paper bottle — Diageo also partnered with Pulpex to create a 100% plastic-free, paper-based spirits bottle.
From plantable packaging like seed paper to sustainable printing inks, the search for the next ‘big thing’ is only gathering pace. Cross-industry partnerships are central to succeeding in the shared mission of sustainability.
However, we need to be cautious of searching for a ‘magic bullet’ — as mentioned, all materials have benefits and drawbacks. Brands should take a holistic approach that encompasses the entire packaging journey from production to consumption and beyond. That means choosing the right materials for our products, lightweighting as much as possible, and providing options for simple recycling and reuse by consumers.
At FORDS, we help brand owners, packaging manufacturers, R&D teams, ESG teams and marketing departments to meet their packaging sustainability compliance requirements and ambitions. We design and develop unique foil closures and can guide your strategy from product conception to launch and beyond.
Our single-piece peels are suitable for all shapes and sizes of recyclable container types. By achieving a lightweight hermetic seal and eliminating the need for screw caps, these foil caps allow packaging teams to increase recyclability and reduce packaging weight.
Backed by over 100 years of experience, our sealing system technology has helped to preserve the integrity and boost the sustainability of millions of diverse products globally. We provide innovative solutions for customers across all sectors, including pharmaceutical and personal care, home care, food and beverage, dairy, confectionery and many more.
Whether you’re looking to develop a new sustainable packaging format or optimise an existing product, our experienced team would be delighted to help — get in touch through our contact page today.
