Turning tobacco Extended Producer Responsibility (EPR) into Extended Producer Liability (EPL): critical safeguards for the UN Plastics Treaty

Abstract

Extended Producer Responsibility (EPR) is recognised as a valuable tool for environmental management of products’ end-of-life impacts; it was featured in all the draft negotiating text for the future UN Plastics Treaty. However, when applied to the tobacco industry, its implementation faces significant challenges due to the industry’s historical manipulation of health policies. This study explores the inherent contradictions in using EPR schemes for tobacco products, which are designed to make producers ‘stewards’ for the life cycle of their products, including end-of-life impacts. The study highlights the potential for tobacco companies to exploit these schemes to weaken health regulations and greenwash their public image. By examining frameworks like the European Union Single-Use Plastics Directive alongside the UN Plastics Treaty negotiations, the study stresses the need for stringent safeguards to ensure EPR schemes do not serve as tools for greenwashing but support health and environmental objectives. The study also proposes enhanced regulatory measures, such as redefining EPR for tobacco as ‘Extended Producer Liability’ and integrating it with WHO Framework Convention on Tobacco Control guidelines.