Packaging legislation is evolving at an unprecedented pace. For packaging professionals, this isn’t just a compliance exercise, it’s a strategic imperative. From recyclability mandates to truth-in-labeling laws, the regulatory landscape is becoming more complex and interconnected across global markets.

This article draws on expert opinion from Gillian Summerhill, Packaging Consultant, here at Aura, and includes practical insights to help businesses prepare for upcoming changes. Companies that act now will not only avoid penalties but also strengthen brand trust and unlock competitive advantage.

The Evolving Landscape of Packaging Legislation

Over the past decade, packaging regulations have shifted from voluntary sustainability initiatives to mandatory frameworks with real financial and reputational consequences. 

The drivers behind this change are clear:

• Environmental urgency: Packaging waste and resource scarcity have pushed governments to enforce circular economy principles and waste reduction laws.
• Consumer expectations: Shoppers demand transparency and sustainability, and regulators are responding.
• Global fragmentation: Different countries, states, territories and provinces have their own packaging material regulations, creating a myriad of requirements.
• Design vs Infrastructure: Packaging may be engineered for recyclability, but without matching infrastructure, those materials will not be recycled in practice or at scale

As Gillian emphasizes:

Just because something is technically recyclable doesn’t mean it’s actually being recycled.

This distinction is at the heart of new legislation. Regulators are moving beyond theoretical recyclability to focus on what happens in practice and at scale.

EPR, Plastic Packaging Tax & Global Packaging Regulations (2025 and Beyond)

European Union

The Packaging and Packaging Waste Regulation (PPWR) came into force in 2025, setting the stage for sweeping changes:

• Harmonized labeling across all EU member states by 2028, replacing fragmented national systems.
• Recyclability as a market-access condition by 2030.
• Material restrictions, including a ban on PFAS in food-contact packaging and reporting obligations from 2026.
• Recycled content targets for plastics, rising through 2040.
• Waste reduction targets: 5% by 2030, 15% by 2040.

United Kingdom

The UK’s Extended Producer Responsibility (EPR) scheme is now live:

• Producers bear the full cost of household packaging waste collection and recycling.
• Eco-modulated fees will incentivize recyclable designs.
• Accurate data reporting is mandatory, with penalties for non-compliance.

Plastic Packaging Tax legislation applies to plastic packaging with less than 30% recycled content, at a rate of £223.69 per metric ton.

United States

The U.S. regulatory environment is a patchwork of federal guidance and state-level laws:

• FTC Green Guides: Updated guidance warns against vague claims like “eco-friendly” without substantiation, attracting hefty fines for non-compliance.
• California SB343: A landmark truth-in-labeling law requiring that any recyclability claim reflects reality. From October 2026, packaging must meet strict criteria:
  • Collected in curbside programs serving at least 60% of the State’s recycling programs.
  • Routinely used as feedstock in the production of new products or packaging.
  • Products/packaging that do not meet these criteria cannot display the chasing arrows symbol or make claims about its recyclability.
  • Penalties: up to $2,500 per violation and potential misdemeanor charges.

Waste reduction laws in states like California, Oregon, and Maine mandate EPR programs and recycled content standards.

As Gillian notes:

If you make an on-pack claim, you must be able to justify it. Evidence is non-negotiable.

Material Restrictions and Sustainability Requirements

Upcoming legislation will reshape material choices and design strategies:

• Hazardous substances: PFAS and certain additives are being phased out.
• Design for recyclability: Multi-material packs may face higher fees or bans.
• Recycled content mandates: Beverage bottles and other plastics must meet minimum PCR thresholds.

Food packaging is under particular scrutiny. EU and UK food packaging legislation requires compliance with strict food-contact material standards under Regulation (EC) No 1935/2004 and the UK’s retained laws. These rules ensure safety while aligning with sustainability goals.

But compliance isn’t just about the main substrate. Adhesives, inks, coatings, and even closures can affect recyclability. Gillian explains:

A PET bottle might be recyclable on its own, but add the wrong label or adhesive and the whole unit could become non-recyclable.

For hazardous substances, the Classification, Labeling and Packaging (CLP) Regulation in the EU sets standard rules for classifying, labeling, and packaging chemical substances and mixtures under the UN’s globally harmonised system.

Packaging Compliance Risks, Costs & Opportunities for Brands

For retailers, brands and packaging manufacturers, there are risks and opportunities associated with the evolving and complex state of packaging legislation.

The Risks

• Financial penalties for inaccurate claims or missed reporting deadlines.
• Reputational damage from greenwashing allegations – recent cases involving coffee pods and paper straws show how costly this can be.
• Operational burden of managing multiple labeling schemes across markets.

The Opportunities

• EPR fee reductions: In some markets, accurate disposal labeling can reduce fees.
• Brand differentiation: Clear, credible labeling builds consumer trust and loyalty.
• Innovation: Early adopters can lead in sustainable packaging design and digital labeling solutions.

How to Be Future-Ready: Aura’s 5 Pillars for Packaging Compliance

To move from awareness to action, focus on these five pillars:

1. Monitor Emerging Legislation

Stay ahead of global trends. What starts in one territory, for example, California or the EU often sets the tone for other markets. Proactive monitoring helps you plan, not just react.

2. Collect, Validate, and Certify Data

Accurate, centralized data is the foundation of compliance. Capture details beyond material type, layer structure, coatings, inks, and attachments all matter. Validate through reputable certification schemes.

3. Embed Compliance in NPD

Build recyclability checks, sustainability measurements and compliance analysis into your new product development process. As Gillian advises:

“Don’t wait until packaging is on the market to find out it’s non-compliant. Design for compliance from day one and bring packaging data collection upstream.”

4. Educate Consumers

Clear disposal instructions are essential. Saying something is not recyclable is as important as saying it is. This reduces contamination and supports circularity.

5. Leverage Technology and Partnerships

Tools like Aura’s packaging data management platform, e-halo, can automate recyclability evaluations across multiple markets and integrate with labeling schemes like How2Recycle. This significantly reduces manual effort and ensures accuracy at scale.

Why Work with Sustainable Packaging Consultants?

Partnering with packaging consultants ensures:

• Reduced compliance risks through expert packaging legislative guidance.
• Lower costs by optimising packaging design for eco-modulated fees that can also advise on packaging data tools such as e-halo.
• Future-proofing by integrating sustainability into packaging development.

Final Thoughts

Packaging legislation is no longer a distant concern, it’s here, and it’s accelerating. Businesses that act now will not only avoid penalties but also gain a competitive edge through transparency, innovation, and consumer trust.

Compliance isn’t just about ticking boxes – it’s about future-proofing your packaging strategy. 

Gillian Summerhill

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