Are you importing or manufacturing packaging materials in the United States? If so, you need to be aware of heavy metals restrictions, safety standards, labeling rules, and other compliance requirements.
In this guide, we take a look at Fair Packaging Labeling Act (FPLA), Fair Packaging Labeling Act (FPLA), the Poison Prevention Packaging Act (PPPA), and the Model Toxics in Packaging Legislation.
FREE CONSULTATION CALL (US, EU & UK)
- Request a free 30-minute call with Ivan Malloci to learn how we can help you with:
- Find product requirements
- Certification and labeling
- Lab testing
Fair Packaging Labeling Act (FPLA)
The Fair Packaging and Labeling Act (FPLA) is implemented by the Federal Trade Commission (FTC). It establishes labeling requirements for consumer commodities to facilitate value comparisons among similar products. Additionally, it aims to prevent deceptive packaging and labeling claims of household goods.
You can learn more about the FPLA on this page.
The FPLA defines packaging as any container or wrapping used to deliver or display consumer commodities.
It applies to consumer commodities, which are defined as any article that is distributed and sold for:
- Consumption by individuals
- Personal care (e.g. soap)
- Used within the household for the performance of services (e.g. sponge)
Here are some examples of commodities that are outside the scope of the FPLA:
The FPLA sets a series of standards for product labeling contents in terms of wording, typesetting, design, and units. Here are some of the requirements:
1. Identity of the commodity
2. Name and place of business of the manufacturer, packer, or distributor
3. The net quantity of contents, using the units of both the customary inch/pound system of measure
Also, the labels should be printed in a font and typeface that are to be in a fixed proportion to the main viewing window of the package, and consistent across all parcels of roughly equivalent size.
Poison Prevention Packaging Act (PPPA)
The Poison Prevention Packaging Act (PPPA) was enacted to protect children under the age of five from accidents when they attempt to open containers of hazardous products and eat or drink their contents.
The PPPA requires that product packaging must be designed in a way that is significantly difficult for children aged under five years old to unpack.
Household products that contain an excessive amount of chemicals and pollutants (such as medicines and cosmetic products) might fall under the regulation of PPPA. Here are some examples:
- Furniture polish
- Lighter fluid
- Lamp oil
- Controlled drugs
The PPPA requires covered products’ packaging to be constructed in a way that makes it significantly difficult for children under 5 years old to unpack. Meanwhile, it must be easy for adults to unpack it.
However, in order to help the elderly and people with disabilities to open some type of packaging without too much difficulty, the act allows for products to be packed in “non-complying sizes” bearing the following warning statement:
“This product is not recommended for use in households with children”
You can learn more about the act and the above-mentioned exception on this page.
US State Packaging Regulations
Other than the federal regulations on the packaging and labeling requirements, individual states also have enacted local regulations on this matter. In this section, you find a non-comprehensive overview of some of these regulations.
Uniform Packaging and Labeling Regulation (UPLR)
The Uniform Packaging and Labeling Regulation (UPLR) serve as a guide for packaging labeling requirements in the US, and most of its requirements were also adapted by the FPLA, although UPLR covers a wider range of products.
So far, the UPLR has been adopted into law in 45 of the 50 US states (except for Louisiana, Minnesota, Rhode Island, Wyoming, and North Dakota).
The UPLR requires importers and manufacturers to provide accurate and adequate information about the products so that purchasers can make price and quantity comparisons.
Scope of the regulation
The UPLR applies to most kinds of packages, except for the following:
a. Inner wrappings that are not sold to the customer separately from the products
b. Shipping containers or outer wrappings used solely for the transportation of bulk commodities, or packages delivery
c. Containers used for retail tray pack displays when the container itself is not intended to be sold (e.g. the tray that is used to display individual envelopes of seasonings)
d. Open carriers and transparent wrappers or carriers for containers when the wrappers or carriers do not bear any written, printed, or graphic matter obscuring the label information required by this regulation
e. Packages intended for export to foreign countries
The UPLR requires that consumer packaging labels should bear the following contents:
- Identity of the commodity
- Name and place of business of the manufacturer, packer, or distributor
- Net quantity of contents or numerical count in metric units
Bag Suffocation Warning
Some states in the US have established regulations for the size, thickness, and labeling requirements for plastic bags, to protect the safety of children and help prevent child suffocation.
The following list shows the requirements for the specifications of plastic bags in several states in the US:
|The label is required if
|Size of opening > 25in2 or capacity > 125in3
|Bags intended for household use, other than the ones used for food products weighing ≤ 5lb
|Size of opening in diameter ≥ 7in. and Length + Width ≥ 25in
|Size of opening in diameter ≥ 7in. and Length + Width ≥ 25in
|Size of opening in diameter > 5in
|Labeling is required for DRY CLEANING BAGS if Length totals ≥ 25in
Amazon has specific requirements for poly-bagged units, aiming at the prevention of suffocation. For example, if the opening of a poly bag is 5 inches or larger, the poly bag must bear a suffocation warning. This warning should either be printed on the poly bag or attached to it as a label.
Amazon provides an example of a suffocation warning:
“To avoid danger of suffocation, keep this bag away from babies and children. Do not use this bag in cribs, beds, carriages, or playpens. This bag is not a toy.”
Products packed in polybags might fall into three categories:
- Loose products
- Boxed units
- Poly-bagged units
For example, Amazon considers footwear to be a loose product, regardless of what material the footwear is made of. Footwear should be packaged – without exposing any shoe material – in poly bags with a suffocation warning (or a shoe box).
Products that come in boxed units are required to pass a 3-foot drop test that consists of one drop per side for a six-sided box, and one drop on a corner. It is mandatory to place the product in a poly bag with a suffocation warning if the product does not pass the drop test.
For more information on Amazon packaging requirements, click here.
Model Toxics in Packaging Legislation
The Model Toxics in Packaging Legislation, developed in 1989, was intended to be adopted by individual states across the US. The Legislation was written with the goal of reducing the amount of heavy metals in packaging and packaging components distributed across the US.
As of 2021, 19 states in the US have adopted the Legislation. Out of those 19 states, 10 of them are Member States of the Toxics in Packaging Clearinghouse (TPCH). We list those ten states below:
- New Hampshire
- New Jersey
- New York
- Rhode Island
The other 9 states are non-members but have adopted the Legislation. We list those 9 states below:
The Model Toxics in Packaging Legislation restricts the use of certain intentionally introduced heavy metals and other substances in packaging and packaging components meant for sale. “Package” includes unsealed receptacles such as the following:
- Carrying cases
- Rigid foil and other trays
- Wrappers and wrapping films
“Packaging component” refers to any single assembled part of a package. This includes, but is not limited to, the following:
- Any interior or exterior blocking
- Exterior strapping
- Inks and labels
According to the legislation, the total concentration level of the incidental presence of restricted substances combined should not exceed 100 parts per million (ppm) by weight.
We list the restricted substances below:
- Hexavalent chromium
- Perfluoroalkyl and polyfluoroalkyl substances (PFAS)
Certificate of Compliance
The TPCH requires importers and manufacturers of packaging and packaging components to provide customers with a certificate of compliance, or an exemption certificate when they request one. This requirement only applies to companies that place their products in packages.
To understand what you need to include on your certificates of compliance, click on the links below:
California Rigid Plastic Packaging Container Law
To reduce the amount of plastic wastage and increase the recycling rate of used plastic matters, the state of California passed the Rigid Plastic Packaging Container Law (RPPC).
This law requires products manufactured, imported to, and sold in California that use rigid plastic packaging containers, to be compliant with one of the following requirements:
a. The container must be made from a minimum of 25% recycled materials
b. The container must be reusable
c. The container must be source-reduced (container weight reduced by 10%)
d. The container must contain floral preservatives and later be used in the floral business
e. The container must have a 45% recycling rate at the minimum
Some products are exempt from RPPC law, such as:
- Food, drugs, cosmetics, baby formula, and medical devices
- Hazardous materials subject to US Department of Transportation regulations
Other states regulations
Outside of California, there are other states in the US that also have their respective packaging requirements. Here we list some examples:
a. New York State’s Hazardous Packaging Law
b. Washington State Legislature Chapter 70A.222 Packages Containing Metals And Toxic Chemicals
c. Minnesota Statutes 115A.965 Prohibitions On Selected Toxics In Packaging
d. Rhode Island Chapter 23-18.13 Toxic Packaging Reduction Act
e. New Hampshire Chapter 149-M Solid Waste Management Toxics Reduction
f. Maryland Subtitle 19 Toxics in Packaging
g. Iowa Chapter 455D.19 Packaging – Heavy Metal Content
h. Connecticut’s Toxics in Packaging Program
Many consumer product regulations have a direct impact on the labeling and safety of product packaging. We cover some of these below.
Country of Origin
19 CFR 134 requires that products imported to the US from foreign countries must bear a Country of Origin mark. This indicates the product’s source of origin, in a conspicuous and indelible way, to the consumers in the US.
The country of origin should reflect the manufacturing country of the product and not of the packaging (in case it’s not the same as the product manufacturing country).
You must create a country of origin file and submit it to your manufacturer before starting mass production. We recommend that you provide a country of origin label file in .ai or .eps formats.
CPSIA: Children’s Products
Most children’s products sold in the United States must carry a CPSIA tracking label, which is often placed on both the product and its packaging.
California Proposition 65
California Proposition 65 employs restrictions on over 900 chemicals and heavy metals in consumer products sold in California, including packaging material.
Examples of restricted substances
California Proposition 65 Lab testing
Importers should have the product packaging materials lab-tested for California Prop 65 compliance.
In some cases, instead of subjecting your product to California Proposition 65 third-party, it is permissible to attach a warning label to the product or its packaging.
Packaging lab testing
When importers and manufacturers want to sell a product in the market, it is often necessary for them to send their products to be tested at reputable test laboratories. They do this to make sure that their product complies with applicable regulations.
Some products are sold in packages. As such, importers and manufacturers should also understand that the packaging their products come in may be subject to lab testing. Below we list some companies that offer laboratory testing services for packaging in the US.
Founded in 1925, Smithers has almost 100 years of expertise in providing the following services:
The company provides package testing services for businesses needing to demonstrate that their packaging is safe, complies with international standards, and is of quality. Their package testing capabilities cover:
a. Materials testing – Smithers utilizes standard and non-standard services to test materials ranging from paper and board to plastic.
b. Primary pack testing – Packaging experts offer primary packaging performance analysis services.
c. Distribution and packaging transit testing – Smithers troubleshoots packaging issues and offers extensive laboratory package testing.
BillerudKorsnäs is a sustainable packaging company that has packaging experts who provide businesses with packaging audits that involves material testing and performance analysis.
The company can help businesses ensure that their products’ packaging results in benefits such as:
- Reduced product damage and loss
- Improved customer satisfaction
- Minimum use of packaging
BillerudKorsnäs also provides corrugated testing capabilities in three major locations to ISO and TAPPI standards. The company’s testing labs are in the following locations:
a. Portland, Oregon. The company tests products against standards such as ISO 3037 and TAPPI 811.
b. Gruvön, Sweden. BillerudKorsnäs uses standards such as ISO 3035 and TAPPI 825 to test products.
c. Shenzhen, China. Standards include ISO 9895 and TAPPI 826.
QIMA provides laboratory testing services for businesses wanting to ensure that their printing and packaging materials meet legal requirements. The company’s testing services cover packaging products and materials such as:
- Shrink film, stretch-wrap film packaging
- Packaging for electronics and appliances
- Personal care product packaging
- Food contact packaging
QIMA’s testing services cover numerous tests, including but not limited to:
- Label review
- UV/sunlight exposure
- Abrasion resistance
- Drop and impact testing
- Altitude testing
- Tear and perforation testing
- Vehicle transportation simulation