In the height of the COVID-19 pandemic, after years of internal debate, our family adopted a rescue puppy — our first family pet. Just as our beloved pup Pigeon (a.k.a. Pidge) rapidly grew in size, needs and wants, the pet food industry has expanded in volume, scope and variety to appeal to families with pets. This has generated a diversity of pet food products as well as methods to market and distribute those products, including one key aspect — packaging. The focus on pets as members of our family has led to greater scrutiny of pet foods in many ways, including scrutiny of pet food packaging. In this article we take a look at some of the legal issues impacting the packaging of our furry family members’ food, including labeling requirements, safety standards and environmental concerns, and recent legal developments coming to the forefront.
Labeling requirements
On top of function and consumer appeal, a critical aspect of pet food packaging is compliance with labeling requirements. The U.S. Food and Drug Administration (FDA) and various state authorities, often guided by the Association of American Feed Control Officials (AAFCO), play pivotal roles in regulating pet food labels. According to AAFCO, labels must properly identify products and provide information (with some exceptions for snacks, treats and supplements) about product name, intended species and life stage, quantity, nutrients, ingredients, feeding directions and manufacturer information. Each of these elements has its own specific requirements. Additionally, any optional or descriptive information featured on the label is also regulated — this content must not be false or misleading under any circumstances.
False or misleading claims on labels can lead to legal challenges and potential damage to brand reputation. For instance, the pending case “Van Wagner v. Wellness Pet Company Inc. et al.” involves a pet food manufacturer facing a class-action lawsuit for allegedly misrepresenting its products as “natural.” This case underscores the significance of labeling content, prompting producers to take a close look at their packaging practices to avoid legal pitfalls.
Safety standards
Another critical aspect of pet food packaging is compliance with safety standards, including stringent regulations under the Food Safety Modernization Act (FSMA) and the Federal Food, Drug and Cosmetic Act (FDCA).
Under FSMA, through the Preventive Controls for Animal Foods framework, the safety of pet food packaging is addressed as part of the broader goal of preventing contamination and ensuring animal food safety. Manufacturers have to identify potential hazards associated with packaging materials, such as chemical, physical or biological contamination. In turn, preventive controls have to be implemented to address these hazards, ensuring that packaging does not compromise the safety of pet food. Facilities must follow Current Good Manufacturing Practices (CGMPs) to ensure that packaging materials are safe and do not introduce contaminants into pet food. Packaging materials must be made from substances approved by the FDA for contact with food and must not leach harmful chemicals into pet food. If packaging materials are sourced from external suppliers, manufacturers have to verify that suppliers meet FSMA requirements through audits, testing or certification. Facilities must ensure that packaging does not contribute to cross-contamination or allergen exposure. In addition, detailed records must be maintained to demonstrate compliance with FSMA regulations, including documentation of hazard analyses, preventive controls, supplier verification and corrective actions. Finally, employees involved in the manufacturing and handling of pet food packaging must be trained on food safety and FSMA compliance.
Additionally, indirect food additives, or food contact substances, which are chemicals that may migrate into food from packaging materials such as adhesives, coatings or cardboard, are governed by FDCA and subject to FDA regulations. Pet food manufacturers must distinguish between direct and indirect additives and ensure packaging materials meet federal safety standards to reduce legal risks and ensure product safety.
Environmental concerns
Environmental concerns have become increasingly relevant in the context of pet food packaging. As consumers become more focused on sustainability, there is growing pressure on manufacturers to adopt more environmentally friendly packaging solutions. As a result, brands are turning their attention to modified designs (including mono-material packaging), alternative chemical compounds and raw materials, recyclable materials and lighter weights as they pursue innovation in packaging.
Recent state regulations have introduced stricter sustainability requirements. For example, California enacted the Plastic Pollution Prevention and Packaging Producer Responsibility Act in 2022. This law aims to significantly reduce the use of plastic packaging in the state and mandates new recycling rate requirements. Among other requirements, the law sets recycling rates for certain plastic products sold, offered for sale, distributed or imported into California, including increasing percentages of certain materials that must be recycled over the next decade.
The pet food industry recently faced growing scrutiny over PFAS (per- and polyfluoroalkyl substances) in packaging. These chemicals are linked to environmental persistence and health risks. As a result, pet food producers are removing PFAS from their pet food packaging, transitioning to safer, sustainable packaging.
Conclusion
The legal landscape of pet food packaging is evolving rapidly, with significant implications for manufacturers, consumers and regulators. As labeling requirements become more stringent, safety standards more rigorous and environmental concerns more pressing, producers have to navigate a complex web of legal obligations to remain compliant and competitive. These trends underscore the importance of transparency, accuracy and sustainability in pet food packaging in the current legal landscape.
The latest in pet food packaging
www.PetfoodIndustry.com/packaging
Briefly: Top 5 takeaways
- A critical aspect of pet food packaging is compliance with labeling requirements.
- False or misleading claims on labels can lead to legal challenges and potential damage to brand reputation.
- Another critical aspect of pet food packaging is compliance with safety standards.
- Manufacturers have to identify potential hazards associated with packaging materials, and then preventive controls have to be implemented to address these hazards, ensuring that packaging does not compromise the safety of pet food.
- The legal landscape of pet food packaging is evolving rapidly, with significant implications for manufacturers, consumers and regulators.