Packaging Greenwashing Laws in 2026: UK, EU and US

The era of vague packaging claims is over

For years, printing "eco-friendly" on a pouch or adding a recycling symbol was low risk: a warning at worst, a quiet copy update, and move on. That era is over.

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Packaging is one of the most scrutinised categories in the greenwashing conversation. Consumers see it, regulators investigate it, and the claims brands have made for years, "sustainable," "recyclable," "better for the planet," are now held to an evidentiary standard many were never built to meet. The consequences are no longer just reputational. They are financial, legal, and in some markets operational.

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What counts as packaging greenwashing?

It is making environmental claims about your packaging that are misleading, unsubstantiated, or impossible to verify independently. It is broader than most brands assume:

• The chasing-arrows symbol on multi-material flexible packaging with no real recycling pathway
• "Compostable" when it only works in industrial facilities, not home compost bins
• "Sustainable" or "eco-friendly" with no definition or measurement
• Highlighting one good attribute, such as recycled content, while the overall structure stays problematic

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The common thread across all three regions: ambiguity is not a defence. If a consumer could reasonably read a claim as more favourable than the evidence supports, it is potentially in breach.

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United Kingdom: real fines, right now

The UK has no single anti-greenwashing law, but the tools it has are powerful and already aimed at packaging claims. The Digital Markets, Competition and Consumers Act (DMCCA), in force since 6 April 2025, lets the CMA investigate suspected greenwashing, order brands to change conduct, and impose fines of up to 10% of global annual turnover without going to court.

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Claims are assessed against the CMA's Green Claims Code. For packaging that means:

• "Recyclable" must reflect what actually happens in UK collection and sorting, not what is theoretically possible
• "Made from recycled materials" must state the percentage and type, and distinguish pre- from post-consumer content
• "Compostable" must say whether it needs industrial composting or works at home
• "Sustainable" or "eco-friendly" without qualification are treated as likely misleading

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The Advertising Standards Authority (ASA) polices marketing claims separately and has repeatedly challenged compostability, "sustainable," and recycling-symbol claims. ASA rulings carry no fines, but they are public and increasingly precede CMA investigations.

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European Union: broad bans, one clear deadline

The EU goes further. Certain packaging claims become illegal across all member states from 27 September 2026 under the Empowering Consumers Directive (EU 2024/825):

• Generic claims are banned. "Eco-friendly," "sustainable," "green," and "natural" packaging are prohibited unless you can demonstrate recognised, excellent environmental performance relevant to the claim.
• Offset-based "carbon neutral packaging" claims at product level are banned.
• Recyclability claims must reflect real-world performance, mirroring the UK's RAM and California's SB 343 threshold.
• Third-party labels face scrutiny; schemes with weak governance will not provide legal protection.

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Penalties run to fines of up to 4% of member-state turnover, confiscation of revenues from non-compliant claims, and possible exclusion from public procurement. The Commission found 53% of EU green claims are vague or unfounded and 40% have no supporting evidence, so this is the norm, not the edge case.

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United States: federal softening, state-level surge

The federal picture is moving the other way. The FTC Green Guides have set the baseline since 1992, but their revision has stalled and federal enforcement has slowed. That does not mean packaging claims are unregulated.

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California's SB 343 is the big one. Under its "double 60" threshold, packaging can be called recyclable, and carry the chasing-arrows symbol, only if it is collected by programmes serving at least 60% of residents and processed by facilities recycling at least 60% of that material. Since January 2024, brands must also keep written substantiation available to the public on request.

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Beyond California, New York, Connecticut, Massachusetts, and Washington are advancing similar laws, attorneys general are investigating, and class actions are rising. The SEC's $1.5m fine against Keurig Dr Pepper in 2024 over pod recyclability claims shows exposure can come from several directions at once.

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Why certifications now matter more

Against this backdrop, third-party certification has shifted from a marketing asset to a compliance tool: an independent assessment that your packaging meets a defined standard, verified by a body with no stake in the outcome. It is the best answer to the question every regulator now asks: what evidence do you have?

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But not all certifications are equal, and the EU directive explicitly puts labelling schemes under scrutiny. The ones that hold up are aligned with recognised national or international standards, run by genuinely independent bodies, built on publicly available criteria, and backed by regular documented audits. For recyclability, certification has to reflect real collection and processing in the market where the claim is made. For compostability, it must distinguish industrial from home and name the standard. For recycled content, it must verify percentage, source, and pre- versus post-consumer.

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What to do now

• Audit every packaging claim across packs, website, sales materials, and ads. Be honest about which would survive scrutiny.
• Remove unqualified generic language ("eco-friendly," "sustainable," "green," "natural"), or replace it with specific, evidenced statements.
• Review every recyclability claim and symbol against real collection and processing in each market you sell in. In California this is now a legal requirement with a deadline.
• Be precise on compostability. If it needs industrial composting, say so.
• Choose certifications with transparent governance and published criteria that would hold up under regulator scrutiny.
• Keep written documentation as a live asset, not something assembled when a complaint lands. It is already required in California and expected across the EU from September 2026.

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What this means for you and your brand

The shift on packaging claims is live in the UK, arriving in the EU in September 2026, and advancing state by state in the US. Getting packaging right, in design, in claims, and in documentation, is now the commercial and legal baseline, not a nice-to-have.

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Brands that invest in genuinely better packaging, backed by credible evidence and proper certification, will be in a far stronger position as enforcement tightens. Those that do not will find the cost of getting it wrong is now much higher than the cost of getting it right. If you want help reviewing your claims for compliance risk, or choosing certifications that protect your specific formats, get in touch with our team.

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Frequently asked questions

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Can I still call my packaging "recyclable"?

Yes, but only if it is genuinely collected and processed at scale in the market where you make the claim. In California that means meeting the "double 60" threshold under SB 343 from October 2026; in the UK it means passing the Recyclability Assessment Methodology (RAM) as "widely recyclable"; in the EU it must meet PPWR design and recyclability standards. Theoretical recyclability is no longer enough.

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What is the difference between industrial and home compostable packaging?

Industrial compostable packaging breaks down only in commercial facilities under controlled heat and humidity most consumers cannot replicate. Home compostable breaks down in a standard garden compost bin. Regulators across all three regions treat plain "compostable" as misleading unless you specify which, and most packaging labelled compostable is industrial only.

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What is California's SB 343 and when does it apply?

SB 343 restricts recyclability claims on packaging sold in California. From October 2026, the chasing-arrows symbol can only be used if packaging meets the "double 60" threshold: collected by programmes serving at least 60% of residents and processed by facilities recycling at least 60% of that material type. Written documentation of recyclability claims has been required since January 2024.