Packaging of consumer products is, in many cases, a necessity. Although probably rarely given much consideration  by manufacturers and suppliers, packaging can bring opportunities to businesses as well as risks.

Life Threatening Packaging Waste 

It’s not news that our rubbish is killing our marine and bird life.  A recently published article about a 13.5 m sperm whale that died with a stomach full of plastic is a further sad reminder  (http://www.realnews24.com/gray-whale-dies-bringing-us-a-message-with-stomach-full-of-plastic-trash/).  It seems  strange to me that the public are so outraged by the Japanese whale -killing fleet, but are happy to support the use of plastic packaging and other plastic that ends up as litter.

 The Australian Packaging Covenant

Many companies that turn over $5 million or more need to comply with the  Australian Packaging Covenant.  Non compliance means that they risk paying penalties under the  Protection of the Environment Operations (Waste) Regulation 2005.  Compliance, on the other hand brings with it opportunities for companies and the environment.

The Australian Packaging Covenant sets 3 goals for companies to work towards reducing the amount of consumer packaging that ends up as rubbish.

The first goal is to optimise the packaging used so that resources are more efficiently utilised and the impact that the packaging has on the environment can be reduced.

The process for optimising packaging design may include:

*reviewing the composition of the packaging and using recycled material, material that is more easily recycled, reducing the combinations of materials used so that the entire      package can be handled and recycled;
*improving the efficiency of the manufacturing process;
*reducing the amount of packaging used, either the number of “layers”, or the size or thickness of a packaging;
*optimising the size and shape of packaging to minimise weight and/or make transport, storage or display easier.

Ill-considered Packaging Design 

A number of factors are relevant to packaging design and composition. Getting these wrong can mean paying unnecessary costs because of inefficient operating processes, wasted resources or consumer backlash. Getting them right can save  a company money and time as well as provide great marketing opportunities.

Some of the considerations that may be relevant in choosing a design for packaging are:

*Suitability for the purpose that the packaging is intended to serve – for example to protect goods or for safety- such as maintaining the freshness and safety of food or pharmaceuticals.)    This can be a compliance issue with legal consequences for getting it wrong. However, if the same purpose can be achieved with less packaging, there are opportunities to cut costs.
*Manufacturing processes and tooling requirements- for example what changes need to be made to current processes and what are the costs or cost savings from doing something  different?
*Consumers’ expectations about packaging- for example do they expect their product to be packaged in a certain way or are they looking for packaging that is more easily recycled, made  of more sustainable materials or less wasteful?

Are you going to be sued for using someone else’s design?

In a recent Federal Court case  (Multisteps Pty Limited v Source and Sell Pty Limited [2013] FCA 743 ) one packaging supplier was sued by another because the second one believed the first one’s plastic tomato containers  were the same or too similar to its registered designs and patent. A risk in packaging design that is often overlooked is whether someone owns rights in the packaging design.

Image reproduced from Multi Steps’ website

The case is an example of the importance and value of intellectual property rights in product and packaging design. Conducting searches and analysing existing rights is important early in the design process.

Protecting designs either by Design, Patent or Trade Mark registration can provide opportunities to a company by giving it an advantage over its competitors and/ or provide a source of licence revenue.

Packaging shouldn’t be seen as an extra to product manufacture or supply. It should be part of a company’s risk management considerations and addressed in its Environmental Management System or Quality Management System.