Single-use plastic ban is 'only the beginning in the war against plastic'

Retailers and brands warned today's 'conscious consumer' will expect them to get behind ban's sentiment or risk harming brand loyalty

As the new ban on single-use plastic comes into force, Ciara Cullen, Partner and Harpreet Kaur, Associate, at international law firm RPC, said:

"At first blush, the ban suggests a blanket ban on all single-use plastics, but that's not the case. 

"The ban only captures two categories of single-use plastics: (1) plastic cutlery, balloon sticks, plates, trays, and bowls, although businesses may continue to sell such items for use in pre-filled food packaging (eg a pre-filled salad bowl) or filled at the point of sale packaging (eg a plate to be filled at a takeaway counter); and (2) expanded and extruded polystyrene food and beverage containers, including cups - again, businesses may continue to sell such items if further preparation is required before consumption (eg the microwaving of soup or the addition of hot water). 

"Crucially, the ban on the supply of plastic plates, trays, and bowls only applies to sales to consumers, taking B2B sales out of the equation.

"The current ban is only the beginning in the war against plastic. Following this ban and previous bans on microbeads, single-use plastic straws, drink stirrers and cotton buds, the Government is considering how best to combat the use of other “commonly littered and problematic” plastic items, including wet wipes, tobacco filters and sachets. 

"Future legislation may seek to ban plastic in these items or enforce mandatory labelling on packaging to help consumers dispose of these items correctly. 

"While a failure to comply with the new ban will be punishable by fines proportionate to the severity of the non-compliance, that's not necessarily the biggest risk associated with getting it wrong – with the spotlight shining more firmly than ever on the threats associated with global warming and climate change, today's conscious consumer will expect brands and retailers to get behind the ban's sentiment or risk harming their brand loyalty. 

"That being said, the war against plastic cannot be fought by the government or businesses alone - it's clear that a cross collaboration between consumers, the government and industry is needed to reduce the production and use of single-use plastics and achieve meaningful and lasting shifts in behaviour."