What is the status of the EU restriction on ‘oxo-degradable plastics’?

Through EU Directive 2019/904 Article 5, there is a restriction on products made from oxo-degadable plasticcs being placed on the market in the EU. Although oxo-biodegradable plastics are fundamentally different by virtue of their ability to biodegrade, they are nevertheless included in the blanket restriction.

A case (T-745/20) challenging the lawfulness of the Article 5 ban of oxo-degradable plastics has recently been heard by the Court of Justice of the European Union, and the verdict is eagerly awaited. Nevertheless, in the interim, EPI strongly advises that all manufacturers, distributers and retailers who are selling or planning to sell products with TDPA™ in the EU to become familiar with, and abide by the Directive, including Article 5.