PACK Act

Summary

Creates new federal rules for packaging claims that a product’s packaging is recyclable, compostable, or reusable and gives the Federal Trade Commission authority to implement and enforce those rules. It bans unqualified or misleading claims, requires clear, prominent disclosures about whether recycling or composting is actually available where the product is sold (for example, stating the percent of consumers with access or using graduated availability statements), and requires scientific evidence and third‑party certification for compostable/recyclable/reusable claims.

• Bans unqualified or false claims that packaging is recyclable, compostable, or reusable.
• Requires clear, prominent disclosures about how much of the purchasing population actually has access to recycling for the packaging.
• Allows an exemption if a recycling program is available to a substantial majority and the entire package is recyclable (except minor parts).
• Defines when packaging is not considered recyclable (limiting components or non-acceptance due to shape/size).
• Requires scientific evidence and third‑party certification to support compostable/recyclable/reusable claims.
• Mandates qualifying disclosures when compostability is limited (home vs. industrial composting, landfill behavior, or local availability).
• Prohibits unqualified reusable claims unless the seller provides a way for the item to be reused (collection/reuse system or reusable product sales model).
• Restricts use of chasing-arrows resin codes on packaging that does not qualify for these claims, with a limited ASTM-based exception.
• Applies only to consumer-product packaging and assigns the FTC primary implementation and enforcement authority.
• Likely increases labeling and certification costs for sellers but limits misleading "green" marketing and could incentivize better packaging design.