H.R. 6832 — PACK Act

This section establishes requirements under the Federal Trade Commission Act for claims that packaging for a consumer product is recyclable, compostable, or reusable, prohibiting deceptive claims and mandating the following: (1) For recyclable claims, clear and prominent qualifications on recycling program and collection site availability (e.g., percentage of consumers/communities with access), unless exempt when a substantial majority of consumers/communities where sold have access and the entire package (excluding minor incidental components) is recyclable; packaging is not considered recyclable if any component significantly limits recyclability or if shape/size/other attributes result in non-acceptance by programs. (2) For compostable claims, competent and reliable scientific evidence, plus clear and prominent qualifications if not safely/timely compostable at home, if misleading about landfill benefits, or if municipal/institutional facilities are unavailable to a substantial majority of consumers/communities where sold. (3) For reusable claims, provision of reuse means such as a collection/reuse system or a product for consumers to purchase for reuse. (4) Prohibition on resin identification codes surrounded by three chasing triangulated arrows for ineligible packaging, allowing an equilateral triangle consistent with ASTM International Standard D7611/D7611M–19 instead. (5) Accredited third-party certification for all such claims. The section further directs the Federal Trade Commission (FTC), not later than two years after enactment, to issue non-binding guidance on compliance (including accreditation criteria per ISO/IEC 17065:2012 and considerations for packaging materials, colors, shapes, and sizes); prohibits binding rules; requires FTC collaboration with the Environmental Protection Agency on waste/product lifecycle issues; and requires establishment, not later than one year after enactment, of an advisory council of industry and technical experts (e.g., packaging suppliers, manufacturers, collectors) meeting annually. The requirements apply only to consumer product packaging.