“False claims” expected to dominate Packaging Innovations 2022 amid anti-plastics legislation, says expert

19 May 2022 --- UK consumers will have to check claims made by packaging producers as these might be incorrect or misleading, warns Martin Kersh, executive director of the Foodservice Packaging Association (FPA), ahead of the Packaging Innovations trade show in Birmingham, UK, next week.

PackagingInsights sits down with Kersh to discuss the UK Plastic Packaging Tax and the trends he expects to find at the UK’s biggest packaging industry trade show. We also discuss the Big Carbon Debate and the role of industry in fighting food waste issues.

Introduced in April, the UK Plastic Packaging Tax levies any company annually importing more than 10 metric tons of plastic packaging containing less than 30% recycled content by £200 (US$247) per metric ton. Any amount less than 10 metric tons can be exempted in certain circumstances. The tax is estimated to impact over 20,000 businesses in the UK. 

The main issue Kersh sees with the tax is how companies will prove their compliance with what the regulation. “How do we know if [a company’s packaging product] is made of recycled content? With what evidence are companies proving their claims?” he says.

A resulting issue of the tax is that many packaging products are claimed to be plastic-free but are not. A false claim trend 
Kersh says the resulting issue is that many packaging products are claimed to be plastic-free but are not. 

“Even if it only contains a trace of plastic, such as 0.0001%, companies cannot claim their packaging is 100% plastic-free. It is misleading.”

Kersh is expecting to find such “false claims” at Packaging Innovations next week. He says companies will claim their packaging is plastic-free or contains a certain percentage of recycled plastic above 30%, when this is not always the case.

“I am sure there is going to be some interesting packaging at the Packaging Innovations trade show but I want to encourage people to double-check if products are made of the material they are claimed to be made of.”

Lumping industries together 
When asked about what institutions should monitor compliance, Kersh asserts that it is the industry’s responsibility to prove its environmental sustainability credentials.

“Inspection will have to be done by an independent body. Otherwise, we will get a lot of packaging claiming packaging credentials that are not entirely true.”

Another issue Kersh raises is that the UK tax authority HM Revenue & Customs categorizes non-packaging products as packaging to avoid loopholes.

“We have been dealing with products, such as kitchen items, which genuinely aren’t packaging and there is no evidence of them being packaging and they have never been sold as packaging.” This issue means that certain products are levied under the tax as they are considered to be packaging. 

Kersh also sees an inconsistency in compostable packaging being taxed for not containing recycled content. “They [compostable packs] are being taxed as if they are using petroleum-derived plastic but they aren’t.” 

“The bigger picture must become carbon,” asserts FPA executive director Kersh.“It’s all about carbon”
When asked whether all plastic solutions should be replaced with paper, Kersh says there are applications where paper and cardboard don't work as a replacement for plastic packaging. 

Dr. Chris DeArmitt recently discussed “unfair plastics persecution” in an expert view paper. DeArmitt criticized the discrepancy between the online narrative and the scientific evidence concerning the environmental sustainability of plastic. He argues one has to conduct a full life cycle analysis by considering the energy, carbon dioxide, waste, pollution and other factors to determine true environmental impact.

Kersh confirms this by stressing that if one takes paper or board and tries to make a product that plastic is the best solution for, “one will come up with packaging for which the carbon footprint is enormous and its recycling ability is gone.”

“This mindless desire to replace plastic is wrong because it is not looking at the bigger picture. The bigger picture must become carbon. If we are looking to reduce carbon, why are we coming up with solutions which are more carbon-intensive?” 

Extended producer responsibility 
In March, the UK’s Department of Environmental, Food and Rural Affairs released the findings of its long-awaited extended producer responsibility (EPR) consultation, which proposes that producers shoulder the costs of recycling and waste management for their products.

Kersh says the theme of this year’s carbon debate will be the fact that packaging businesses have to pay the government money for EPR.

He says what businesses want to know is how the UK government is going to ensure that packaging producers get value for money.

“We want to get results and that is a critical thing to discuss.”

Consumers are increasingly interested in packaging alternatives as environmental concerns grow. Giving producers a say 
Kersh highlights that what is now up for debate is money allocation and with businesses having to pay a tax, he says they should also have a say in how the funds are allocated. 

Up until this point, businesses are wondering what the money will be invested into. “Will the money go to the better performing local authorities or to the weaker ones where it might actually disappear?” 

“How do we even know the money will be spent on packaging collection and recycling?” 

Currently, funds from the UK Plastic Packaging Tax are not guaranteed to be spent on improving recycling infrastructure. Industry critics have called for assurances that the money raised on this scheme will at least be put back into the area from where it came. 

Increasing environmental concerns
Kersh says he believes consumers are increasingly interested in packaging alternatives as environmental concerns about conventional packaging materials grow. 

He highlights that before concerns shifted to plastic, people were focusing more on paper and board.

“Now people are starting to be a bit more ‘focused’ by realizing there is no such thing as perfect or terrible packaging.” 

UK food waste 
Meanwhile, Kersh highlights that packaging is a “major part” of the solution to the food waste issue in the country. 

Especially in the hospitality sector, with food being expensive and a valuable resource, Kersh says “no self-respecting business is going to want to waste food.” 

The largest amount of food is being wasted at people’s homes “and it is enormous.” Kersh says food waste is a crime and that people should be punished for it. 

“How stupid is it? We have this amazing thing called food which takes a lot of carbon, a lot of water to grow, to be delivered and to follow safety regulations and some idiots waste it.”

Kersh says the packaging industry is strongly supporting the fight against food waste. “It is disgraceful seeing people throw away their take-away food in the streets.”

Kersh continues by saying that he hopes now with high food inflation, people will stop wasting food and think about what they are buying and how they are using it. 

The packaging perspective
From a packaging perspective, Kersh says the industry is strongly supporting the fight against food waste. 

Today’s packaging solutions, such as modified atmosphere packaging, are designed to keep food fresh for longer and in best condition.

“Packaging really is doing its bit to reduce food waste. Now it is up to human beings to start to wake up to the issue,” concludes Kersh. 

By Natalie Schwertheim