[Congressional Bills 119th Congress]
[From the U.S. Government Publishing Office]
[H.R. 6832 Introduced in House (IH)]

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119th CONGRESS
  1st Session
                                H. R. 6832

 To amend the Federal Trade Commission Act to include requirements for 
   recyclable, compostable, and reusable claims for packaging for a 
               consumer product, and for other purposes.


_______________________________________________________________________


                    IN THE HOUSE OF REPRESENTATIVES

                           December 17, 2025

Mr. Weber of Texas introduced the following bill; which was referred to 
                  the Committee on Energy and Commerce

_______________________________________________________________________

                                 A BILL


 
 To amend the Federal Trade Commission Act to include requirements for 
   recyclable, compostable, and reusable claims for packaging for a 
               consumer product, and for other purposes.

    Be it enacted by the Senate and House of Representatives of the 
United States of America in Congress assembled,

SECTION 1. SHORT TITLE.

    This Act may be cited as the ``Packaging and Claims Knowledge Act 
of 2025'' or the ``PACK Act''.

SEC. 2. REQUIREMENTS FOR RECYCLABLE, COMPOSTABLE, AND REUSABLE CLAIMS 
              FOR PACKAGING FOR A CONSUMER PRODUCT.

    The Federal Trade Commission Act (15 U.S.C. 41 et seq.) is amended 
by inserting after section 26 the following:

``SEC. 27. RECYCLABLE, COMPOSTABLE, AND REUSABLE CLAIMS FOR PACKAGING 
              FOR A CONSUMER PRODUCT.

    ``(a) Compostable, Recyclable, and Reusable Claims.--
            ``(1) Recyclable claims.--
                    ``(A) Deceptive claims prohibited.--A person may 
                not claim that packaging for a consumer product is 
                recyclable if the packaging is not recyclable.
                    ``(B) Qualifying claims of recycling required.--
                Except as provided in subparagraph (C), a person shall 
                clearly and prominently qualify the description of a 
                recyclable claim by informing consumers about the 
                availability of recycling programs and collection sites 
                where the item is sold--
                            ``(i) by including the percentage of 
                        consumers or communities that have access to 
                        recycle the packaging for the consumer product; 
                        or
                            ``(ii) by including qualifications that 
                        vary in strength depending on availability.
                    ``(C) Exemption from qualified claims for 
                availability.--A person is exempt from the requirement 
                of subparagraph (B) if--
                            ``(i) a recycling program or facility is 
                        available to a substantial majority of 
                        consumers or communities in which the consumer 
                        product is sold; and
                            ``(ii) the entire consumer product package, 
                        excluding any minor incidental component, is 
                        recyclable.
                    ``(D) Not recyclable.--The following circumstances 
                are not considered recyclable for purposes of this 
                paragraph:
                            ``(i) A case in which any component of the 
                        consumer product packaging significantly limits 
                        the ability to recycle the packaging of the 
                        consumer product.
                            ``(ii) A case in which packaging for a 
                        consumer product that is made from recyclable 
                        material, but, because of the shape, size, or 
                        some other attribute of the consumer product 
                        packaging, is not accepted in recycling 
                        programs.
            ``(2) Compostable claims for consumer product packaging.--
                    ``(A) Deceptive claims prohibited.--A person may 
                not make a claim that packaging for a consumer product 
                is compostable if the packaging is not compostable.
                    ``(B) Evidence required.--A person that claims 
                packaging for a consumer product is compostable shall 
                have competent and reliable scientific evidence that 
                the packaging is compostable.
                    ``(C) Qualifying claim of compostability 
                required.--A person shall clearly and prominently 
                include a qualifying description on any claim that the 
                packaging for a consumer product is compostable to the 
                extent necessary to inform consumers about the ability 
                of the packaging to be composted if--
                            ``(i) the consumer product packaging cannot 
                        be composted safely or in a timely manner in a 
                        home compost pile or device;
                            ``(ii) the claim misleads reasonable 
                        consumers about the environmental benefit 
                        provided when the consumer product packaging is 
                        disposed of in a landfill; or
                            ``(iii) municipal or institutional 
                        composting facilities are not available where 
                        the item is sold to a substantial majority of 
                        consumers or communities.
            ``(3) Reusable claims for consumer product packaging.--
                    ``(A) Deceptive claims prohibited.--A person may 
                not claim that packaging for a consumer product is 
                reusable if the packaging is not reusable.
                    ``(B) Means for reuse required.--A person may not 
                make an unqualified reusable claim for consumer product 
                packaging unless the person provides the means for 
                reusing the packaging through--
                            ``(i) providing a system for the collection 
                        and reuse of the packaging; or
                            ``(ii) offering for sale a product that 
                        consumers can purchase to reuse the original 
                        packaging.
            ``(4) Use of resin identification codes.--Consumer product 
        packaging that is not eligible to bear a compostable, 
        recyclable, or reusable claim shall not bear a resin 
        identification code that is surrounded by three chasing, 
        triangulated arrows, except that such packaging may bear a 
        resin identification code that is surrounded by an equilateral 
        triangle, consistent with ASTM International Standard D7611/
        D7611M-19.
            ``(5) Third-party certification.--A person may not make a 
        claim that packaging for a consumer product is compostable, 
        recyclable, or reusable unless an accredited third-party 
        certification body has certified such claim.
            ``(6) Rule of construction.--This section may not be 
        construed to apply to packaging that is not for a consumer 
        product.
    ``(b) Commission Guidance.--
            ``(1) In general.--Not later than two years after the date 
        of the enactment of this section, the Commission shall issue 
        guidance for a person to be in compliance with subsection (a) 
        that includes the following:
                    ``(A) Criteria for accreditation bodies to consider 
                in accrediting third party certification bodies, 
                including whether--
                            ``(i) a third party certification body 
                        meets the requirements of ISO/IEC 17065:2012, 
                        including any amendment; and
                            ``(ii) such body is qualified to certify 
                        compostable, recyclable, and reusable claims 
                        for consumer product packaging consistent with 
                        the requirements described in this section.
                    ``(B) A consideration of different types of 
                consumer product packaging materials, including paper, 
                plastic, glass, metal, or a combination thereof.
                    ``(C) A consideration of different colors, shapes, 
                and sizes of consumer product packaging materials.
            ``(2) Rules and regulations prohibited.--Notwithstanding 
        section 6(g), the Commission may not issue any binding rule or 
        regulation under this section.
            ``(3) Personnel and formation of advisory council.--In 
        issuing guidance and in administering the provisions of this 
        section the Commission shall--
                    ``(A) work with and consider input from the 
                Administrator to leverage the knowledge of the 
                Environmental Protection Agency on issues related to 
                waste and product lifecycle management, including on 
                issues relating to the use and management of 
                compostable, recyclable, and reusable consumer product 
                packaging; and
                    ``(B) not later than one year after the date of the 
                enactment of this section, the Commission shall 
                establish an advisory council that meets at least 
                annually and is comprised of subject matter and 
                technical experts representing industry stakeholders, 
                including packaging material suppliers, manufacturers 
                of consumer products, and entities involved in the 
                collection and management of discarded consumer product 
                packaging.
    ``(c) Enforcement by Federal Trade Commission.--
            ``(1) Unfair and deceptive acts or practices.--A violation 
        of this section shall be treated as a violation of a rule 
        defining an unfair or deceptive act or practice prescribed 
        under section 18(a)(1)(B).
            ``(2) Powers of the commission.--
                    ``(A) In general.--The Commission shall enforce 
                this section in the same manner, by the same means, and 
                with the same jurisdiction, powers, and duties as 
                though all applicable terms and provisions of this 
                section were incorporated into and made a part of this 
                section.
                    ``(B) Privileges and immunities.--Any person that 
                violates this section shall be subject to the 
                penalties, and entitled to the privileges and 
                immunities, provided in this Act.
                    ``(C) Compelled claims.--The Commission may not 
                compel, require, or otherwise mandate a person to make 
                a claim that consumer product packaging is compostable, 
                recyclable, or reusable.
            ``(3) Preemption.--A State and political subdivision of a 
        State may not establish, enforce, or continue in effect any 
        provision of law or a legal requirement that is not identical 
        with any requirement under this section.
    ``(d) Definitions.--In this section:
            ``(1) Accreditation.--The term `accreditation' means a 
        determination by an accreditation body that a third-party 
        certification body meets the applicable requirements of ISO/IEC 
        17065:2012, including any amendment, and is qualified to 
        certify compostable, recyclable, and reusable claims for 
        consumer product packaging.
            ``(2) Accreditation body.--The term `accreditation body' 
        means a person that performs accreditation of third-party 
        certification bodies and is in compliance with ISO/IEC 
        17011:2017, including any amendment.
            ``(3) Accredited third-party certification body.--The term 
        `accredited third-party certification body' means a third-party 
        certification body that an accreditation body has determined 
        meets the requirements of ISO/IEC 17065:2012, including any 
        amendment, and is qualified to certify and is certifying 
        compostable, recyclable, and reusable claims for consumer 
        product packaging.
            ``(4) Administrator.--The term `Administrator' means the 
        Administrator of the Environmental Protection Agency.
            ``(5) Claim.--The term `claim'--
                    ``(A) means any statement or representation that is 
                conveyed through any means, including through writing, 
                symbols, marks, graphics, or electronic or digital 
                links; and
                    ``(B) does not include any instruction regarding 
                how to recycle, compost, or reuse packaging.
            ``(6) Commission.--The term `Commission' means the Federal 
        Trade Commission.
            ``(7) Compostable.--The term `compostable' means the 
        packaging is designed to be associated with materials collected 
        for composting that meets ASTM or equivalent industrial 
        compostability standards, and similarly appropriate standards 
        for the case of home compostability, and is capable of breaking 
        down into, or otherwise becoming part of, stable and mature 
        compost at an appropriate industrial composting facility, or in 
        a home compost pile or device.
            ``(8) Consumer product.--The term `consumer product' 
        means--
                    ``(A) any tangible product;
                    ``(B) that is--
                            ``(i) sold, offered for sale, or 
                        distributed in the United States, or intended 
                        to be sold, offered for sale, or distributed in 
                        the United States; and
                            ``(ii) to a person that is an individual 
                        consumer and not a trust, firm, joint stock 
                        company, corporation (including a government 
                        corporation), partnership, association, State, 
                        municipality, commission, political subdivision 
                        of a State, or any interstate body, including 
                        any department, agency, and instrumentality of 
                        the United States; and
                    ``(C) which is normally used or consumed by an 
                individual consumer, including for personal, 
                recreational, educational, family, household, or 
                personal property maintenance or care purposes, 
                including any product that is ordinarily available for 
                purchase by an individual consumer.
            ``(9) Packaging.--The term `packaging' means any material 
        that is used for the containment, protection, handling, 
        delivery, and presentation of a tangible product that is sold, 
        offered for sale, or distributed in the United States.
            ``(10) Person.--The term `person' means any individual, 
        partnership, corporation, trust, estate, cooperative, 
        association, or other entity.
            ``(11) Recyclable.--The term `recyclable' means that 
        packaging can be collected, sorted, reprocessed, and ultimately 
        reused in manufacturing or to make another item.
            ``(12) Reusable.--The term `reusable' means the packaging 
        is designed to accomplish within the life cycle of the 
        packaging more than one trip, rotation, or use for the same 
        purpose for which the packaging was primarily designed.
            ``(13) Substantial majority.--The term `substantial 
        majority' means 60 percent or more.
            ``(14) Third-party certification body.--The term `third-
        party certification body' means a person that is eligible to be 
        considered for accreditation to evaluate, develop, and certify 
        compostable, recyclable, and reusable claims for consumer 
        product packaging.''.
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