Packaging and Environmental Claims: Who is responsible for What

A Manufacturer is someone who applies the Trademark

The most important clarification for those developing a private-label product concerns the role of the manufacturer. Among the roles that the regulation associates with this figure are the legal manufacturer—that is, the entity that places the packaging on the market under its own name or brand—and the private-label owner, who sells products manufactured by third parties under their own brand. In addition to these, there is the party who determines the technical specifications, materials, or relevant characteristics of the packaging.

The most surprising thing is that you don’t need to have designed anything. The European Commission’s FAQs, updated in August, clarify that even someone who chooses standard packaging from a catalog—without modifying its shape or production process—is considered a manufacturer if they have it produced under their own name or brand. It is the brand that matters, not the design. The Ministry outlines the opposite boundary: a standard, plain box bearing only a shipping label does not make the user a manufacturer.

Those who manufacture or package products on behalf of the brand have a different role: Article 16 of the regulation requires them to provide the manufacturer with the information and documentation regarding materials, components, and compliance necessary to draw up the EU Declaration of Conformity.

For a brand owner working in the private label sector, the implication is clear: the EU Declaration of Conformity and the technical documentation are the brand owner’s responsibility. The manufacturing partner does not replace the brand owner; rather, it makes this possible.

The tool also suggests where to specify this division of responsibilities: in the contract with the manufacturer or subcontractor, by establishing who prepares the documents, who updates the data, and who is responsible for making changes. This is a provision that many supply agreements today do not include.

A clarification for smaller businesses: the regulation does not provide for blanket exemptions for micro-enterprises, but in specific cases, the manufacturer’s obligations may fall on the packaging supplier. The Ministry advises reviewing each individual case, and this should be done before assuming one solution or the other.

This is the same breakdown we described in July, based on the regulations. Now there is an official statement confirming this. For those who manufacture for third parties, like us, the task remains the same as always, with an added responsibility for clarity: to provide specifications, technical data, and evidence regarding the materials so that the client can base their declaration on this information.

Starting september 27, Environmental Claims must be substantiated

The amendments to the Consumer Code introduced by Legislative Decree 30/2026 apply. Unsubstantiated generic environmental claims, sustainability labels not based on a recognized certification system or a public regulation, and climate neutrality based solely on offsetting are now considered unfair commercial practices.The AGCM is responsible for enforcement.

One detail worth keeping in mind: for the purposes of environmental claims, the regulation defines these as any message—not just words. This also includes images, symbols, logos, and product names that suggest an environmental benefit. The review, therefore, goes beyond the text on the label: it covers the packaging design, the website, product descriptions, and marketing materials.

Each Country decides what goes on the label through 2028

There is also a third aspect, distinct from the claims: the mandatory information on packaging disposal. The harmonized European label required by the PPWR will not take effect until August 12, 2028. Until then, national rules remain in effect, and exporters must comply with the regulations of each destination country: in France, the Triman logo with sorting instructions; in Spain, the requirements of Royal Decree 1055/2022, updated by an interpretive note issued in March.

Between July and August, CONAI updated its informational notes on France and Spain and on the Punto Verde label: the National Packaging Consortium does not hold the license to use it, so an Italian company may affix it only if the company itself or the importer has a contract with the Punto Verde system in the destination country. This is a topic that deserves a separate in-depth discussion, especially regarding small package sizes, and we’ll revisit it.

What to Check Now

Three checks, in order of urgency.

• Claims, by saturday, September 26, 2026.
  An inventory of all environmental claims visible to the consumer, both on and off the packaging: for each one, the evidence supporting it.
• The Role, for each Product.
  Who is the manufacturer, who is the supplier, and who places the product on the Italian market: as stated in documents and contracts.
• The Evidence along the Supply Chain.
  Declarations of conformity for materials in contact with food and the technical documentation required for the EU Declaration of Conformity: who provides them, to whom, and when they are updated.

None of these checks are performed later on, on the finished product. They are established during the development phase, when the format and materials are still being decided.

If you’re developing a product and want to establish the format, materials, and documentation from the very beginning, talk to us.