As the new Trump administration enacts massive changes nationwide, the Flexible Packaging Association (FPA) will be monitoring various issues to ensure policymakers consider how decisions might affect their constituents who work in the packaging industry.
For example, the federal government has been exploring extended producer responsibility (EPR), which FPA has been following closely on the state level, where five states have enacted legislation so far. FPA expects states to continue to take the lead and is not expecting the introduction of EPR legislation on the federal level anytime soon, says John Richard, FPA’s director of government relations.
“EPR has still not created enough interstate commerce issues for it to rise to the federal level,” Richard says during an online seminar on January 15, 2025, where he outlined other initiatives that will be important to FPA on the federal level. While FPA does not currently anticipate EPR legislation being introduced at the federal level, it has reason to believe conversations about it will continue there.
Here are some of the other issues that FPA will monitor this year, according to Richard.
Labeling
FPA supports the Packaging and Claims Knowledge Act (PACK Act) spearheaded by AMERIPEN—American Institute for Packaging and the Environment, a materials-inclusive trade group for the packaging industry.
The act would establish a framework for making claims about compostability, recyclability, and reusability. FPA will assist AMERIPEN in obtaining sponsors and cosponsors for the bill, Richard says. As currently drafted, the act would allow the U.S. Environmental Protection Agency (EPA) to regulate compostable, recyclable, and reusable claims through a third-party certification scheme and in coordination with the Federal Trade Commission’s “Green Guides,” he adds.
“Under this joint jurisdictional framework, the federal law would essentially preempt state-based labeling frameworks, which can often conflict with one another,” Richard says.
Recycling
FPA also supports the Recycling and Composting Accountability Act and the Recycling Infrastructure and Accessibility Act. Both bills had bipartisan support before they died this past year. However, U.S. Sen. Shelley Moore Capito (R-W.Va.) is committed to getting both measures across the finish line as chair of the U.S. Senate Committee on Environment and Public Works, Richard says.
Richard also says he does not expect major developments in advanced recycling initiatives that fall under the Clean Air Act. Generally, he adds, it will be important for FPA to monitor any proposed changes to the Clean Air Act where late developments have historically been made to environmental laws.
“And for toxics at the federal legislative level, there are really no major expected developments within the Toxic Substances Control Act (TSCA),” Richard also says. That said, in December 2024, EPA announced reviews of several substances under TSCA that could impact the flexible packaging industry.
Opportunities
With Republicans in control of the U.S. Senate, U.S. House of Representatives, and White House, they will look toward the budget reconciliation process to pass their priorities.
“If you’re unfamiliar with reconciliation, instead of needing 60 votes in the Senate, a reconciliation bill only needs a simple majority,” Richard explains.
The agenda, however, includes some difficult topics such as tax changes and discussions about the debt ceiling where not all Republicans agree, Richards says.
Tax changes offer a lot of opportunities for industries, including the packaging industry, he adds.
“We are going to be engaging in coalitions because it is time to renew the Tax Cuts and Jobs Act (TCJA) of 2017,” he says. TCJA is set to expire at the end of this year.
While some of the key provisions of TCJA have been phased out, FPA supports provisions that would preserve pass-through deductions on capital investment and provisions for research and development that allow deductions in the year they occur rather than over several years, Richard says.
FPA also will support initiatives that offer tax incentives for post-consumer recycled content.
And FPA will support regulatory relief that comes from the Trump administration, especially as it pertains to “regulatory headwinds under the Biden administration,” such as plastic pollution and food waste strategies under various agencies, Richard says.
“Republicans are critical of a lot of these agency efforts,” he says. “And whatever oversight is needed, we can lean on the Republicans for review.”
Tariffs
FPA has fought against tariffs involving aluminum that were imposed on China by the first Trump administration and then expanded by the Biden administration to South Korea and Thailand.
Therefore, FPA will be closely watching how President Trump imposes any new tariffs, especially on aluminum, plastics, and steel, Richard says.
Thomas A. Barstow is senior editor of FlexPack VOICE®.