NYC’s new law on takeout utensils is a way to start

We have a plastic problem — and we know it. According to the recent report by Minderoo, single-use plastic pollution continues to increase, partially driven by the food delivered to our door, hot or cold, fresh or frozen — right now. The industry is a major contributor to the 6-million-ton increase in single-use plastics since 2019.

In New York alone, more than 20,000 tons of unused plastic food ware waste are discarded every year, inspiring the new law, Intro 559-A (Skip the Stuff), which prohibits the inclusion of plastic utensils, extra containers, napkins, and condiment packets in takeaway and delivery orders — unless customers request them. Championed by the Reusable NYC Coalition, the Skip the Stuff law took effect Monday and highlights the power of our behavior to drive change.

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New York’s efforts are part of a larger movement to box a greener future (emphasized by the 2022 UN resolution to end plastic pollution. It’s a movement that can be led by food delivery platforms who (pressured by environmental groups) stopped default-providing plastic utensils years ago. Skip the Stuff expands on those practices by including all food merchants and couriers, creating a legal standard. The ban aims to reduce the nearly 1 trillion disposable food products used annually in the United States, but falls short on food packaging itself — including those forever chemicals that line some containers.

Changing burger boxes is largely in the hands of food delivery companies and the consumers they aim to please. In a highly competitive market, set to reach $320 billion by 2029, that could be a good thing, and as global conglomerates gobble competition, environmental regulations cross international borders.

In January, the European Union introduced a new emissions reporting standard, the Corporate Sustainability Reporting Directive (CSRD), which requires large companies to account for emissions throughout their value chain — they’ll also be taxed on them. While new climate-disclosure reporting regulations proposed in the U.S. fall short of this scope 3 reporting, American subsidiaries of European companies may be held accountable by the CSRD — exporting European standards to U.S. sandwiches.

The opportunity for food delivery platforms to lead the fight against single-use plastic lies in the model itself — just as they centralized the way we order food; they can centralize its packaging. That’s exactly what Dutch multinational Just Eat Takeaway (which recently acquired GrubHub) did in 2020 when they partnered with Notpla to revolutionize the way fries are bagged. The plastic-free, seaweed-powered packaging is sold to Just Eat Takeaway vendors via their web shops at a competitive price.

In 2021, German-based multinational Delivery Hero followed suit, launching a similar program as a pilot in eight markets, and in 2022 they joined the United Nations Global Compact Initiative, which helps focus the private sector on global sustainability practices. According to Delivery Hero’s Director of CSR, Safety, and Sustainability, Jeff Oatham, sustainability is a core value — it’s also a challenging one. “Consumers play a big role”, says Oatham. Is there a regional initiative for sustainability? Are consumers choosing green restaurants, motivating more vendors to ditch the plastic? Do environmental efforts empower and incentivize local markets?

To improve customer engagement, Delivery Hero is testing in-app design features to guide users toward sustainable choices. The same tactic is being used by U.S. food delivery giant, DoorDash, which launched its sustainable packaging program in 2021 — offering compostable options and joining the reusable packaging market via partnerships with third-party companies like DeliverZero. According to a DoorDash spokesperson, they “recognize the potential for positive change in food packaging waste,” but acknowledge the role of legislation. Whereas reusable containers are offered only in select U.S. markets, they’re widely available in Germany, thanks to recent legislation ensuring their availability.

In the United States, confronting the single-use plastic problem continues to be a people’s fight; it’s not without victories. With the introduction of the Skip the Stuff law, New York provides a legal framework for our evolving consciousness, supporting the 75% of consumers who care more about sustainable packaging today than they did five years ago.

As consumer consciousness changes, so does corporate behavior. Recently, Grubhub responded to demand by announcing a partnership with reusable packaging service, Topanga.io and will offer reusable packaging across college campuses. DoorDash continues to expand partnerships with reusable packaging platforms and spotlight the restaurants practicing sustainability.

It’s easy to be deflated by the planetary challenges we face, but we mustn’t be defeated. Our choices matter — and they change more than just our ketchup packets. Choosing sustainability helps shift the system; it gives us a voice, a chance to protect our home, a livable tomorrow.

Lutz is an essayist and freelance journalist, covering health and politics.