PACK Act

The PACK Act amends the Federal Trade Commission Act to set requirements for recyclable, compostable, and reusable claims on consumer product packaging. It prohibits deceptive claims, requires qualifying information for consumers, mandates third-party certification, and directs the FTC to issue guidance, while preempting state laws on the same subject.

Sec. 2, Requirements for recyclable, compostable, and reusable claims for packaging for a consumer product: This section adds a new section 27 to the FTC Act. It prohibits claiming packaging is recyclable if it is not, and requires qualifying claims about recycling program availability unless a substantial majority of consumers have access and the whole package is recyclable. It defines when packaging is not recyclable, such as when a component significantly limits recycling or the shape or size is not accepted. For compostable claims, it prohibits deceptive claims, requires competent scientific evidence, and mandates qualifying descriptions if home composting is not safe or timely, the claim misleads about landfill benefits, or composting facilities are not available to a substantial majority. For reusable claims, it prohibits deceptive claims and requires the person to provide a system for collection and reuse or offer a product for consumers to reuse the original packaging. It restricts use of resin identification codes with chasing arrows to packaging eligible for a claim, but allows a triangle code consistent with ASTM standard. It requires that any compostable, recyclable, or reusable claim be certified by an accredited third-party certification body. It clarifies the section does not apply to non-consumer product packaging.

Sec. 2(b), Commission Guidance: Within two years of enactment, the FTC must issue guidance for compliance, including criteria for accrediting third-party certification bodies (considering ISO/IEC 17065:2012), consideration of different packaging materials (paper, plastic, glass, metal, or combination), and different colors, shapes, and sizes. The FTC cannot issue binding rules or regulations under this section. In issuing guidance, the FTC must work with the EPA Administrator and, within one year, establish an advisory council of industry stakeholders that meets at least annually.

Sec. 2(c), Enforcement by Federal Trade Commission: Violations are treated as unfair or deceptive acts under FTC rules. The FTC enforces this section with the same powers as other FTC provisions. The FTC cannot compel any person to make a claim that packaging is compostable, recyclable, or reusable. This section preempts any state or local law that is not identical to its requirements.

Sec. 2(d), Definitions: Defines key terms including accreditation (determination by an accreditation body that a third-party certification body meets ISO/IEC 17065:2012), accreditation body (complies with ISO/IEC 17011:2017), accredited third-party certification body, Administrator (EPA Administrator), claim (any statement or representation conveyed through any means, but not instructions on how to recycle, compost, or reuse), Commission (FTC), compostable (packaging designed for composting that meets ASTM or equivalent standards and breaks down into stable compost), consumer product (tangible product sold to individual consumers for personal, family, or household use), packaging (material for containment, protection, handling, delivery, and presentation of a tangible product sold in the U.S.), person (individual or entity), recyclable (packaging can be collected, sorted, reprocessed, and reused in manufacturing), reusable (packaging designed for more than one trip or use for its original purpose), substantial majority (60 percent or more), and third-party certification body (eligible for accreditation to certify claims).