New Scrutiny on Cannabis/Hemp Environmental Claims in 2025
The long-anticipated update to the FTC Green Guides—the federal cornerstone for environmental marketing claims—remains on hold as of September 2025. Yet, expectations across the broader packaging sector, and particularly for the cannabis and hemp industries, are rapidly accelerating. Brands navigating state-by-state operations face a unique compliance burden: some states, notably California (SB 343), are already actively policing unsubstantiated "recyclable" and "compostable" claims, while Producer Responsibility (EPR) laws multiply independently. With broad enforcement risks and increasing consumer scrutiny, businesses need to get proactive now.
This guide translates the likely Green Guides changes, current state mandates, and enforcement signals into practical do’s and don’ts for cannabis/hemp packaging claims—plus, a pre-update audit checklist to future-proof your compliance strategy in one of the most closely-watched sectors.
Why the FTC Green Guides Matter for Cannabis and Hemp Packaging
The Green Guides (formally: "Guides for the Use of Environmental Marketing Claims") are how the Federal Trade Commission interprets deceptive or unfair environmental marketing under the FTC Act. When you say your pre-roll tube, edible pouch, or exit bag is "recyclable" or "compostable," those claims must be truthful, not misleading, and substantiated with evidence. If your materials or images create a misleading net impression for consumers, your brand is at risk of federal enforcement—plus, potentially harsher state or class-action scrutiny.
Current Status and Likely Revisions
- Update still pending: As of Fall 2025, the FTC Green Guides update is not released (see FTC page). Proposals and packaging trade coverage (see Packaging Dive) indicate focus on:
- Tighter substantiation standards for claims
- Qualifying claims about recyclability/compostability based on regional acceptance
- Stricter criteria for unqualified claims (e.g., no “recyclable everywhere” unless ALL communities actually accept the package in curbside bins)
- Broader policy climate: States like California (see below), Oregon, Washington, Maine are enacting their own labeling regimes, often stricter than the FTC baseline.
Spotlight: California SB 343 — The New National Benchmark?
California’s SB 343 (Truth in Labeling for Recyclable Materials) is reshaping the U.S. landscape (read DLA Piper summary). Effective in phases since 2024, with broad enforcement set into 2025, this law:
- Bans the chasing arrows symbol and the word “recyclable” on any package not accepted by 60%+ of residents’ recycling programs.
- Requires evidence—Material Recovery Facility (MRF) acceptance data—to substantiate claims. If your edible pouch or vaporizer case isn’t widely recycled in practice, don’t claim it is.
- Goes beyond the FTC—Other states and national brands are already leaning into these definitions to avoid California enforcement risk.
What About Compostable Claims?
Most federal and state rules are similarly strict on "compostable": only claim it if facilities accepting that item are available to a substantial majority of consumers, and you have documentation to prove it.
Producer Responsibility (EPR) and Packaging Limits
Add to the mix: cannabis and hemp brands are not exempt from new EPR rules, which set out specific packaging recyclability standards and may require proof that claimed materials are part of a functioning take-back/recycling/commercial composting system (see more here). Failure to comply brings reporting and fee exposure, and increases litigation risk if your labeling is out of sync.
Cannabis/Hemp Packaging Claims: 2025 Do’s and Don’ts
1. Do: Substantiate ALL Environmental Claims—Now
Before making any “recyclable” or “compostable” assertion, assemble:
- Third-party MRF acceptance documentation (prove at least 60% coverage if selling in California)
- Supplier technical data sheets—for post-consumer content, resin ID, etc.
- Written records demonstrating your package is accepted for recycling/composting at facilities accessible to the majority of consumers
2. Don’t: Use Unqualified Chasing Arrows or Broad Claims
If your flower jar, vape cart, or liner is not accepted curbside for most customers, you cannot use the “recyclable” symbol or broad statements like “eco-friendly packaging.” Avoid vague graphics or green leaves implying recyclability/compostability without clear explanation.
3. Do: Disclose Limits and Direct Consumers
If only a component (e.g., the glass, but not the cap or seal) is recyclable, say so: “Jar recyclable, cap not recyclable.” Or give website details for proper handling. If compostable only at industrial facilities, warn: “Compostable only where such facilities exist, which may not be available in your area.”
4. Don’t: Equate Compliance with Marketing Advantage
Following rules does not make your package “green”—avoid claims like “sustainable packaging” unless you can prove it with a life cycle analysis and precise disclosures. Enforcement agencies are zeroing in on unsubstantiated greenwashing.
5. Do: Harmonize E-commerce and Digital Labeling
Ensure that online images and descriptions match physical packaging. If a product is revised for California and New York, update your e-commerce listings and marketing materials everywhere to reflect stricter standards.
Practical Audit Checklist: 2025-Ready Cannabis/Hemp Brands
Downloadable checklists and more compliance templates are available at CannabisRegulations.ai!
Pre-Update FTC Green Guides Audit:
- Environmental Claim Inventory:
- List every “recyclable,” “compostable,” “biodegradable,” or “eco” assertion on your cannabis/hemp packaging, inserts, and digital marketing.
- Documentation Review:
- For every claim, collect:
- Technical data sheets (content, composition, PCR %)
- MRF acceptance data by region/state
- Supplier certifications (third-party, if available)
- Geographic Check:
- Overlay your distribution map with state requirements (especially California). Confirm you meet the most stringent jurisdiction you ship into (you can’t downgrade just for “federal” compliance).
- Consumer Communication:
- Evaluate label phrasing for clarity. If only a part is recyclable or compostable, say so directly and avoid symbols that could mislead.
- Add QR codes or URLs to provide local recycling/composting instructions.
- E-Commerce Sync:
- Double-check product images and environmental claims on your website, reseller platforms, and digital marketing. Update to show any packaging changes or regional restrictions.
- Monitor State/Federal Changes:
- Assign a compliance staffer to track updates to the FTC Green Guides and state packaging mandates.
Enforcement Trends: What Cannabis and Hemp Brands Need to Know
While FTC actions against cannabis brands are rare (so far), packaging enforcement is escalating nationally. Recent cases in consumer packaged goods (CPG) show regulators are:
- Pursuing brands for claims that materials are widely recycled when limited facilities actually accept them
- Enforcing disclosure requirements—agreements, fines, and public reprimands (see more at the FTC Green Guides page)
- California state agencies and private litigants have begun scrutinizing dispensary and delivery packaging, especially child-resistant containers and vaporizer device waste
Key Takeaways for 2025 Compliance
- Don’t wait for the FTC update. Federal and state enforcement is already aligning around stricter substantiation and clarity standards—California’s SB 343 is the pace-setter, but others are following fast.
- Audit your packaging and marketing claims now—focus on truthfulness, qualifying statements, and matching regional requirements.
- Proactively communicate to consumers how to recycle or compost your products, and avoid unsupported "sustainable" wording.
- Monitor legislative and regulatory updates at both state and federal levels—what’s compliant today may not be tomorrow.
For exclusive compliance templates, up-to-date regulatory tracking, and AI-powered audits of your cannabis or hemp packaging, turn to CannabisRegulations.ai. Stay ahead—before the rules (and the penalties) leave you behind.
