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Global: Plastics regulation and what it means for the consumer goods and retail industry

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In brief

Countries are approaching plastics regulation in different ways. Measures that have been proposed and adopted vary and include imposing plastic taxes, bans on single-use plastics, microbead bans, deposit return schemes, and consumer charges to discourage consumption (e.g., carrier bag charges).  

At an international level, in 2022, a UN resolution was endorsed to end plastic pollution and propose an international legally binding agreement by 2024. The resolution addresses the full life cycle of plastics, including their production, design, and disposal, and establishes an international intergovernmental negotiating committee to work out the details. With the Third Session of the Intergovernmental Negotiating Committee on Plastic Pollution currently taking place in Kenya, we anticipate more clarity on the direction of regulatory action that is likely to be in the pipeline over the next few years across jurisdictions.

What does it mean for the consumer goods and retail sector?

Given the different approaches being adopted, it is prudent for businesses to stay on top of the regulations that are developing in different jurisdictions and ensure that the sustainability measures that legislators are suggesting actually align with their own paths to sustainability and the sustainability solutions they are developing.

To learn more about the global regulatory landscape on the use of plastics and its impact on the CG&R industry, tune in and listen to our latest episode of Off The Shelf. In this episode, we explore insights into the rapidly developing area of plastics regulation and examine the global regulatory landscape around limiting the use of plastics, the upcoming Global Plastics Agreement, and the impact that these evolving regulations will have on consumer goods and retail businesses.

We also recently launched our ESG Policy Guide – The Future of Sustainability Legislation for Luxury. This guide has been updated and developed in collaboration with Positive Luxury, the company behind the Butterfly Mark, a unique mark awarded to luxury lifestyle brands, retailers, and suppliers in recognition of their commitment and verified actions to create a positive impact on our world. The guide highlights evolving ESG regulations in key regions and explains how these impact the luxury, fashion, and cosmetics industries.  

Visit the Off the Shelf video chat series to view all episodes.

*Trench Rossi Watanabe and Baker McKenzie have executed a strategic cooperation agreement for consulting on foreign law.

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Author

Renata Campetti Amaral joined the firm in 2002 and became a partner in 2013. She is the head of the firm’s Climate Change, Environmental Law and Sustainability group in Brazil, and the leader of Ablfs McKfnzif’s global climate change group in Latin America. Is also the coordinator of the sustainability initiatives conducted by the office’s B-Green Committee. Renata assists the major players in the Brazilian market in Nature-bases Solution (NbS) projects, transaction of carbon credits, implementation of decarbonization strategies and carbon-related advocacy and regulatory matters. Renata leads several of the largest environmental and regularization cases in the country. She has extensive experience in sustainability matters, as well as in managing crises and negotiating with stakeholders. Advises on negotiating with authorities; judicial and administrative litigation; reviewing environmental aspects of institutions and financial operations; drafting environmental provisions in contracts and other commercial operations. Renata has extensive experience in dealing with environmental management, legal auditing and other organizational practices; regulatory and institutional analysis and environmental control; negotiation and implementation of environmental remediation plans; environmental licensing; legal aspects of biodiversity protection; environmental crisis management; development of preventive policies and strategies for companies; negotiation and drafting of contracts for the purchase and sale of carbon credits and acting in transactions related to various aspects of the energy transition.
*Trench Rossi Watanabe and Baker McKenzie have executed a strategic cooperation agreement for consulting on foreign law.

Author

Rachel MacLeod is a senior associate in Baker McKenzie's London office. She advises companies on the "cradle-to-grave" regulation of a broad range of products sold on the EU and UK markets. She also advise companies on how to comply with their operational environmental and health & safety obligations.

Author

Manuela Demarche joined the Firm in 2017, and has been working with Environmental Law since 2010. She is currently a Senior Associate of the firm’s Environment, Sustainability and Climate Change practice group.
She has several years of experience in complex matters connected to environmental, sustainability and climate change, and her practice focus on a wide range of matters, particularly in connection to environmental liability, licensing proceedings, carbon and M&A transactions and cross-border disputes. During 2022, she did an attorney training program in the U.S. and has worked as a Legal Extern for the American Clean Power Association.
She regularly advises international and domestic clients in relevant cases, including preparing opinions, overseeing due diligences, drafting administrative and judicial claims for disputes arising from controversial environmental matters. Under her umbrella, she regularly deals with regularization (air pollution, effluents, solid waste, contaminated areas), circular economy, take-back schemes, extended producer responsibility, carbon markets, REDD+, biodiversity and crisis management.
Awards and Recognitions
Manuela Demarche is recognized for her work as an outstanding professional – “Associate-to-watch” – in Environmental Law in Brazil, by the publication Chambers and Partners. She was also mentioned by Análise Advocacia Mulher.
*Trench Rossi Watanabe and Baker McKenzie have executed a strategic cooperation agreement for consulting on foreign law.

Author

Karen Roberts is a Lead Knowledge Lawyer in Baker McKenzie, London office.

Author

Zahra Omar is a Lead Knowledge Lawyer in Baker McKenzie, Johannesburg office.

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