Dive Brief:
- Democrats in Congress have introduced the Truth in Labeling Act, which would “establish clear federal guidelines for labeling consumer products that are recyclable, compostable, reusable, or refillable,” according to a press release Friday. It aims to establish a voluntary label that manufacturers could use on packaging, food service products and beverage containers.
- Congressman Lou Correa, D-Calif., and Sen. Jeff Merkley, D-Ore., say the legislation is a response to “increasing confusion about the ‘chasing arrows’ on consumer products and outdated federal guidance on environmental marketing claims.” Clear consistent labels would help MRFs and consumers alike, they said.
- The legislation is backed by numerous materials and waste diversion organizations, including the US Composting Council, the Paper Recycling Coalition, the Recycled Materials Association and The Recycling Partnership. It’s also supported by California hauler Recology and nonprofits Upstream, Just Zero and the Ocean Conservancy.
Dive Insight:
Correa’s home state of California sought to put parameters around the unchecked use of chasing arrows on packaging in 2021 with the passage of SB 343. But ahead of the law taking effect this October, a judge issued a preliminary injunction blocking enforcement, finding merit in an industry challenge on the grounds of free speech.
Businesses’ frustration with California’s state-level approach has prompted greater discussion of possible nationwide solutions. To that end, Rep. Randy Weber, R-Texas, introduced the Pack Act late last year. It seeks to amend the Federal Trade Commission Act to include certain requirements for recyclable, compostable and reusable claims for consumer product packaging. The Ameripen-led solution, which is also backed by the Flexible Packaging Association, Plastics Industry Association and other packaging groups and companies, would preempt state regulations. While the legislation hasn’t moved forward, it was recently discussed in a committee hearing.
With the Truth in Labeling Act, authors say they want to establish definitions for “recyclable”, “compostable”, “reusable” and “refillable” that could be updated as technology and systems advance. To develop a more standardized nationwide label, the bill proposes creating an advisory committee and conducting a nationwide analysis of covered material. The legislation would not preempt state laws.
The bill points to specific industry standards for determining a material’s recyclability status, including the Association of Plastic Recyclers Design Guide, the American Forest and Paper Association Design Guidance for Recyclability, the Recycling Partnership Circular Packaging Assessment and several others.
Other criteria include avoiding inks or adhesives that hinder recyclability, ensuring there are responsible end markets that cover at least 60% of consumers or communities where an item is sold, and that covered material has commercial value in those end markets.
Any fines collected due to violations could go toward the previously established Solid Waste Infrastructure for Recycling grants or the Consumer Recycling Education and Outreach Grant Program.
