With New Packaging Laws, Constraints Become Your Creative Brief

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.

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.

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.

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.

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.

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?