A Resource on US Packaging Regulations, Sustainability and Symbols

Though it may not be the first thing that comes to mind when you are planning to export your products to a foreign country, packaging requires careful consideration just like all other aspects of the operation. Every country has legislation that sets out the requirements to be met by the packaging used for products that become part of the supply chain in that country.

This guide provides an overview of packaging regulations in the United States. It covers general rules, sustainability regulations, and packaging symbols. You need to remember that in the United States, some laws are enforced at the federal level, while some are enforced at the state level.

Different agencies are involved in the enforcement of the regulations too. Moreover, like products that must undergo lab testing before they are pronounced compliant with regulations, packaging may also require lab testing. This is especially important for those who want to operate as a sustainable business.

Testing companies can provide you with professional advice on which regulations apply in specific states. Alternatively, you may consult legal professionals. It is a good idea to seek professional advice and make sure you comply fully with all regulations. Treat this post as a guide but remember that it cannot replace such advice.

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General regulations

All aspects of business activity, whether technologically advanced, like enterprise communications systems, or seemingly simple, like packaging, are subject to legal regulations, which often differ between countries. Below is an overview of federal and state-level regulations related to packaging that apply in the US.

Fair Packaging and Labeling Act

The FPLA was passed to make it easier for customers to compare the prices of products and to prevent misleading packaging and labeling declarations on goods such as food, drugs, and cosmetics. It does not apply to non-consumable goods, such as tools, and a few exempt categories.

The enforcement of FPLA is overseen by the Food and Drug Administration (FDA) and by the Federal Trade Commission (FTC). According to the Act, the label on the packaging should contain a declaration of identity; a declaration of responsibility (name and address of manufacturer, packer, or distributor); and a declaration of net quantity, servings, or uses.

Uniform Packaging and Labeling Regulation and NIST Handbook 130

These regulations provide information about the contents of packages and their quantity to facilitate comparisons of the price and quantity of products. The label placed on the packaging is required to contain the following information: identification of the commodity; name and place of business of the manufacturer, packer, or distributor; net quantity of contents.

It may seem that in the era of omnichannel retail, this information could be easily found in product descriptions online; however, packaging labels still serve as an important source of information about products and therefore have to be accurate.

Poison Prevention Packaging Act

The purpose of the PPPA is to protect children under the age of five against accessing potentially dangerous products. Household products containing chemicals must be packaged in packaging that cannot be opened by children under the age of five.

The requirement applies to hazardous substances; foods, drugs, cosmetics, and substances intended for use as fuel.

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FDA regulations on the packaging of food, drug, and cosmetic products

The regulation of food, drug, and cosmetic product packaging and labeling has been reserved by the federal government with the view to ensuring consumer safety and confidence.

The packaging and labeling of food are managed by the Food and Drug Administration (FDA). The organization is responsible for making food safe and for ensuring that consumers are provided with accurate information about the products they consume.

Packaging that comes into direct contact with food is classified as a “food contact substance”. These substances have to be regulated and approved for use. Labeling should provide information on nutrition, expiration dates, handling guidelines, packaging company contact information, and allergens.

The FDA has also formulated requirements to be met by the packaging of pharmaceutical products. The packaging has to protect the drug against light, moisture, temperature variations, oxygen, physical damage, and biological contamination.

As far as cosmetic packaging is concerned, it is required to protect the quality of the product against various types of damage. It has to ensure that the product is resistant to temperature, radiation, and bacteria, as well as inadequate storage.

Labels of cosmetic products are required to contain information on the product's identity, the number of contents, material facts, ingredients, warnings and precautions, the manufacturer’s name and place of business, and information about the distributor.

Sustainability regulations

Like general regulations, sustainability regulations on the packaging are enacted at the federal and state levels. The federal government has jurisdiction in three areas: regulating packaging for food, drugs, and cosmetics; promoting government procurement of recycled products; and making sure that manufacturers do not make unfounded claims about the environmental benefits of their packaging.

While the Federal Food, Drug, and Cosmetic Act makes the FDA responsible for ensuring the safety of packaging, the National Environmental Policy Act (NEPA) requires that the FDA evaluates the environmental impact of the packaging as well. The FDA’s assessment in this respect focuses on the use and disposal of the packaging material, and especially its recycling impact.

The Environmental Protection Agency (EPA) is involved in regulating the disposal of packaging waste as part of its solid waste management policies. The EPA makes recommendations, formulating preferred options to waste disposal. However, decisions are, to a large extent, left to state and local authorities.

These authorities have designed many regulatory programs to restrict or ban certain products, including packaging, for environmental reasons. Apart from packaging restrictions and bans, they have formulated minimum recycled content requirements, identification codes for the use of plastic resin, and incentives for recycling.

We will now briefly discuss each of these categories, along with a sample of state-level regulations on the environmental impact of packaging.

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Bans and restrictions

US states have been restricting the use of certain packaging materials due to their negative environmental impact. The most common restrictions have been those targeting polystyrene containers and utensils.

Recycled content regulations

The regulations specify the minimum recycled content in certain products, including packaging. They are enacted to encourage recycling by obliging manufacturers to use recyclable or reusable containers or to ensure that they contain a specific minimum amount of recyclable materials.

Resin identification code

The resin identification system was developed by the Society of the Plastics Industry to assist in the recycling of plastics. Rigid plastic containers are required by law to include the SPI code or an equivalent code in thirty-nine states.

Tax credits and other incentives

States encourage local jurisdictions to participate in waste reduction and recycling programs by offering incentives such as tax credits, deposits and advance disposal fees (ADF). Deposits are paid by consumers and can be collected by returning the container to the retailer. ADFs, meanwhile, are paid in advance by the manufacturer, distributor, or retailer.

California Plastic Waste and Labelling Bills

These laws counteract misleading product labeling and highlight producers’ responsibility for finding alternatives to single-use non-recyclable plastics. The regulations target producers of single-use plastic packaging that cannot be easily recycled or has been misleadingly labeled. They are required to replace these materials with suitable alternatives.

The regulations are also expected to raise consumers' awareness of which packaging materials are recyclable. Nowadays, this can be done effectively by leveraging the significance of digital transformation for customer experience and making relevant information available online.

California Safer Food Packaging and Cookware Act of 2021

The regulation bans the use, production, and import of paper-based food packaging containing PFAS (per- and polyfluoroalkyl substances), demands cookware producers disclose any potentially harmful substances, and forbids misleading advertising on packaging. The act ensures that consumers have access to transparent information that allows them to make informed choices and decisions.

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Maine EPR law

The law applies to the majority of consumer packaging, except for beverage packaging and small producers. It was designed to encourage producers to develop and manufacture their products with the end of life of those products in mind. This is to be achieved by having manufacturers make payments to a stewardship program.

Placing financial responsibility for waste management on producers benefits consumers by reducing the amount of tax they are required to pay. It can motivate producers to seek effective methods of packaging optimization too.

Heavy metal restrictions

Toxics in packaging regulations are enforced by nineteen states. The regulations limit the content of toxic substances, such as lead, mercury, or cadmium, in packaging. Manufacturers who violate these laws can be fined up to $25,000 for each item that contains the forbidden substances.

California's Safe Drinking Water and Toxic Enforcement Act, known as Proposition 65, is regarded as the most far-reaching state law concerning the content of consumer products and packaging.

Environmental advertising and labeling

The issue of environmental marketing claims in the US has been regulated by the Federal Trade Commission (FTC), which issued "Guides for the Use of Environmental Marketing Claims" in 1992. The documents present the FTC’s interpretation of deceptive environmental advertising. The term covers false claims of a product’s recyclability, the content of recyclable materials, or its degradability and biodegradability.

Other claims covered by the guides are the claims that a product is compostable, source-reduced, and ozone safe. General environmental benefit claims, for example, that a product is safe for the environment, are covered too. When it comes to packaging, the FTC’s attention focuses on recyclability.

The claim that a packaging product is recyclable is recognized as legitimate by the FTC when recycling programs are available to the vast majority of consumers to whom the product is sold. Similarly, the FTC can denounce a claim concerning recyclable material content as unjustified, if the actual content of recyclable materials in a product is found to be small.

Individual states have had their laws on environmental advertising, however, many states, such as Maine, Michigan, or Wisconsin, have adopted the FTC’s guides. The guides have become the national standard for environmental claims made in advertising. They make it clear that such claims should not be made unless they reflect a deep transformation of business enterprise and its products.

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Packaging symbols and labeling

The most important properties of products are conveyed in the universal and internationally understood language of graphic symbols placed on product packaging. The system is surprisingly simple when compared to modern communication tools, such as a virtual phone system for businesses, but has been highly effective.

These symbols are also commonly used in the US and can convey information on:

• quality and compliance with standards;
• how the packaging should be handled during transport;
• composition of products and their recyclability;
• ethical values upheld and promoted by the manufacturer of the product;
• hazards related to storage and use.

Comprehensive guides listing all graphic symbols found on packaging and their meanings can be found online. The use of most symbols is voluntary, however, it is advisable to use international graphic symbols during transport to ensure the safe handling of the goods. This can be especially relevant to ecommerce packaging.

Symbols related to sustainability are also used with growing frequency. Environmental issues receive more attention from governments and the public, while businesses are increasingly aware that using eco-friendly packaging can be profitable. Below we present a sample of commonly used graphic symbols related to transport and sustainability.

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Handle with care (hands cupping a box) - the symbol means that the package contains many delicate parts that can be easily damaged when mishandled.

This side up (two arrows pointing upwards) - the symbol indicates which way the box should be positioned to ensure it is upright. It also helps to identify the side on which the box should be opened.

Fragile (broken glass) - the symbol indicates that items in the box can be easily damaged. Sometimes boxes have the word “FRAGILE” printed on them.

Keep dry (umbrella) - the symbol alerts that items in the box are not waterproof and therefore the package should be protected from rain and moisture.

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Recycled (Mobius loop) - the symbol means that the packaging can be recycled or was made from recycled materials.

Compostable (apple core) - the symbol indicates that the item can be industrially composted by the local authority.

Biodegradable (seedling) - a biodegradable item can be decomposed by bacteria or other living organisms.

Plastic-free (dolphin, other options available) - the symbol indicates that the packaging and the product do not contain petroleum-based plastics.

This is just a small sample of symbols that can be found on the packaging. You can refer to one of the numerous resources available online to find out about other symbols and their meanings.

Please remember that this article is meant to give you a general idea of what needs to be taken into account when it comes to packaging products sold on the US market. Still, you need to refer to the relevant regulations or consult a professional before making any decisions about your packaging design.

Grace Lau - Director of Growth Content, Dialpad

Grace Lau is the Director of Growth Content at Dialpad, an AI-powered cloud communication platform for better and easier team collaboration. She has over 10 years of experience in content writing and strategy. Currently, she is responsible for leading branded and editorial content strategies, partnering with SEO and Ops teams to build and nurture content like this Dialpad guide to porting numbers. Grace has published several articles for various domains including Agility PR Solutions and Cococart. Here is her LinkedIn.