PFFC - September 2007 - (Page 32)

GREEN CONVERTING US Toxics in Packaging Statutes Retailer Programs Many regulatory and market In the US, the intentional use of cadmium, hexavalent chromium, lead, and mercury is banned from use in packaging and packaging components under model legislation proposed by the Source Reduction Council of the Coalition of Northeastern Governors (CONEG). CONEG legislation has been enacted in one form or another in 19 states.1 In addition, the legislation limits the sum total concentration of incidental amounts of these materials to 100 ppm. As with the Packaging Directive, it is incorrect to assume that packaging components that are RoHS-compliant or exempt also are CONEG-compliant or exempt. Companies also often overlook the CONEG prohibition against “intentional use” and mistakenly assume that using less than 100 ppm total lead, for example, complies with the statutes—it does not. Recent tests illustrate that non-compliant packaging is found in the US marketplace. TPCH Testing forces suggest it is time to embrace green—or at least greener— converting. 1California, Connecticut, Florida, Georgia, Illinois, Iowa, Maryland, Maine, Minnesota, Missouri, New Hampshire, New Jersey, New York, Pennsylvania, Rhode Island, Vermont, Virginia, Washington, and Wisconsin. 32 | SEPTEMBER 2007 On June 20, the Toxics in Packaging Clearinghouse (TPCH) announced the results of random tests of packaging funded under a grant by the US Environmental Protection Agency. Of 355 packages tested, 16% exceeded the 100 ppm limit for heavy metals, with cadmium and lead detected most frequently. The TPCH identified three reasons that restricted substances are present in packaging in excess of the specified limit well after the laws had been enacted. First, innovations in packaging, such as the use of circuit boards for marketing or other purposes, mean that packaging components are being manufactured with “crossover” technology from industries that may not be familiar with packaging regulations. Second, packaging and packaging components increasingly are being manufactured abroad where legislation on toxics in packaging requirements may not exist and restrictions in other countries are not identified, properly translated, or understood. (This, by the way, dovetails with a crisis of confidence in imported products in the wake of scandals about tainted pet food, food, and pharmaceuticals, and highly publicized recalls of toys and other products containing heavy metals, all made in China.) The TPCH also noted a certain amount of complacency among manufacturers and distributors as packaging requirements “fell off the radar” due to lax enforcement. As a result, the TPCH will conduct further compliance screening to assess the effectiveness of its outreach efforts. Stepped-up enforcement of these limits is expected. While companies certainly take notice of government enforcement actions, one of the biggest drivers for green converting may result from programs like Wal-Mart’s “scorecard” initiative. Wal-Mart plans to measure its 60,000 worldwide packaging suppliers on their ability to use less packaging, more effective materials, and to source these materials more efficiently using specific metrics related to environmental impacts. (See p20 and p34 for more on the Wal-Mart scorecard.) The fundamental lesson here is that WalMart and other retailers want to be seen as leaders in environmental protection without sacrificing cost, convenience, and innovation. Downstream users would rather switch than spend time defending materials or packaging that are perceived to have health or safety issues. Environmentalists and regulators are counting on this ripple effect from companies seeking to protect their brands to effect a change in supplier attitudes toward a manufacturing ethic based on “sustainability” principles. Many regulatory and market forces suggest it is time to embrace green—or at least greener—converting, but a final caution applies. Particularly in the US, converters and their customers must exercise care in making environmental claims for packaging products. The Federal Trade Commission’s (FTC) Guides for the Use of Environmental Marketing Claims set forth the commission’s position on when unqualified environmental claims, including recyclability, biodegradability, and compostability claims, as well as general claims, may be made for products or packaging. The FTC’s Guides and hard-line enforcement activities some years ago are largely responsible for a falloff in environmental claims. As new interest in green packaging arises in the marketplace, old claims are resurfacing and new ones are being introduced, like “sustainable,” “low carbon,” and the like. There is no doubt that green sells, as evidenced by the meteoric growth of the natural and organic industry and the proliferation of green claims. Nevertheless, converters should take care to base claims on demonstrable and substantiated environmental performance attributes to avoid contributing to “green fatigue” and a renewed interest in green claims enforcement. Sheila A. Millar is a partner and J.C. Walker is an associate with Keller and Heckman LLP, Washington, D.C., which provides legal, regulatory, and scientific advice to help companies bring new packaging materials to market for foods, pharmaceuticals, cosmetics, and other products on a global scale. Contact Millar at 202-434-4143; millar@khlaw.com; www.packaginglaw.com. WWW.PFFC-ONLINE.COM http://www.packaginglaw.com http://WWW.PFFC-ONLINE.COM

Table of Contents Feed for the Digital Edition of PFFC - September 2007

Table of Contents First Glance From the Editor Calendar of Events Web Lines Process Management News Clips Narrow Web & Label Reporter Narrow Web & Label What’s New Products Narrow Web Sustainability: Going Green? What's the Score with Wal-Mart's Scorecard? Straight Talk From Your Trade Associations Learn 5 Key Elements to Creating Cost-Effective and Eco-Conscious Packaging Install Energy-Efficient Light Fixtures and Reap the Environmental Benefits People, Profit, Planet: How to Balance the Impact of a Triple-bottom-line Philosophy Show Preview What’s New Products Services Directory Classified Marketplace Equipment Buyers & Sellers Advertisers Index Experience Speaks

PFFC - September 2007

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