Marketing & Communications Regulation & Public Policy

With New Packaging Laws, Constraints Become Your Creative Brief

Instead of approaching these new laws as obstacles, let’s think of them as the roadmap — the 'brief' — behind compliant and truly creative sustainable branding.

Sponsored Content | / This article is sponsored by GreenBlue | By Paul Nowak | Published 4 days ago | About a 6 minute read

Image: Jacoblund

Sustainability isn’t just a marketing directive anymore — it’s a battleground. For the first time, the loaded question of “What is the business case for packaging sustainability?” is very clear. As lawsuits and new regulations take effect and change what we can produce and market as sustainable, brands are feeling a seismic regulatory shift taking place just beneath their feet.

But here's the thing: These new regulations aren’t obstacles — they're opportunities. If we approach them as mere limitations, we risk missing the bigger picture. Instead, we can think of them as the roadmap — the brief — behind compliant and truly creative sustainable branding.

Creative constraints aren’t new

Think about the beer ads you’ve seen lately. What do you picture? Beers clinking, limes in glass bottles, rooftop parties with string lights. Do you see anyone actually drinking beer?

The answer is probably no, because the National Association of Broadcasters has placed a constraint on the creative for beer commercials. Because many broadcasters don't want people drinking in TV ads, beer companies have chosen to avoid the risk of having their ads pulled over footage of people drinking.

But has this constraint stopped creative beer commercials? The answer is also no. Beer companies have produced some of the most memorable ads of all time (Did people even know what Clydesdales were before Budweiser?).

In fact, Heineken used the constraint as the foundation for a campaign. In a 2014 spot, Neil Patrick Harris holds a Heineken and tells viewers, “Apparently, there are rules about drinking beer in commercials. So, I’m drinking over here.” He steps off camera, where we hear — but don’t see — him drink the beer.

Because this ad has lived rent-free in my mind for 11 years, I think it’s safe to say that brands have overcome hurdles like these before.

But these policies are new for our industry

The legislative landscape for packaging and recycling — and claims related to both — is almost unrecognizable from that of just 10 years ago. Why? States and their Attorneys General are enforcing new policies and regulations around packaging, labeling and sustainability claims.

Most notably, we’re all reading about the lawsuits being levied against major brands for recycling claims. We’re also seeing the expansion of Extended Producer Responsibility (EPR) laws, which shift the cost of recycling onto producers of packaging and products. Passed in five states, EPR laws will also mandate recycling education and outreach, or encourage on-pack labeling (such as How2Recycle labels) through reduced fees. Then, there’s a class of legislation called “truth in labeling” laws, such as California’s SB 343 — which sets criteria for what materials or products can legally be labeled as recyclable.

With these new constraints, it’s tempting to just figure out what you need to do to not get sued. But brands invested in sustainability can do so much more than the bare minimum.

What do brands need to do?

In the years ahead, brands that see legislative and regulatory compliance as the floor — not the ceiling — for their sustainability initiatives will set themselves above the rest. Voluntary initiatives focusing on sustainability education, messaging — and most critically, meaningful action — will set brands up for success.

Start, of course, with compliance. Do you know the fees you’ll need to pay for your packaging? The rules for recyclability claims in California versus Oregon? Or packaging regulations in Maine?

There’s a whole new industry ready to support brands with compliance. So, find the tools or partners you need to meet compliance requirements — then, don’t let fear stop you there. Find the courage to build creative that educates your consumers while meaningfully advancing your sustainability initiatives.

A holistic approach to education will be critical for narrowing the “intention-action gap” we see in consumers. We’ll need to pull different levers for persuasion — including using social influence and leveraging the domino effect — but we’ll also need to deploy different tactics. We can't just meet consumers on social; we need to expand our thinking, considering ways that tactics such as in-store signage could boost recycling.

And when you’re building this creative (and this is the one instance where I’ll say this): You actually need to put sustainability second.

Put sustainability in perspective

If we want our sustainability initiatives to work, we need them to work for our audiences. Why? Do you remember Air Hobbits? One of Nike’s earlier forays into sustainability didn’t exactly resonate with its customer base, and critics were quick to dub the sustainably designed shoes “Air Hobbits.”

There’s a flip side to this, of course. Nationwide beauty retailers including Sephora and Ulta Beauty have partnered with Pact Collective to scale the Beauty + Wellness Packaging Collection program — a growing network of in-store recycling bins where shoppers can recycle their empty cosmetic containers. By centering the initiative around convenience, the initiative has transformed recycling beauty product packaging from a chore to a seamless part of the shopping experience. Now, recycling bins for beauty product packaging can be found at over 1,350 stores at dozens of beauty retailers.

So, when you’re thinking about how to build an effective sustainability initiative, you need to first consider what will work for your brand and your audience.

Is your brand ready?

The path forward requires a delicate balance of three key elements:

Compliance as the foundation: Understand and meet the legal requirements, from EPR to truth in labeling laws — but don’t forget: These are the baseline, not the finish line.
Be true to your brand: Develop sustainability and consumer education initiatives that genuinely resonate with your customers. Like the Beauty Dropoff program, the most impactful efforts are those that align with your brand's identity and your audience's behaviors.
Embrace the brief: Try to see new compliance constraints as an opportunity for creative storytelling. Just as beer brands have crafted memorable ads within broadcasters’ restrictions, sustainable brands can turn regulatory challenges into innovative marketing and product development strategies.

The future of sustainable branding belongs to companies that see compliance not as a checkbox, but as a launch point. Will you be one of those brands?