search
cart
facebook twitter linkedin youtube
  • Sign In
  • Create Account
  • Sign Out
  • My Account
  • HOME
  • NEWS
  • MARKETS
  • MATERIALS & SERVICES
  • EQUIPMENT
  • SUSTAINABILITY
  • DIRECTORY
  • MORE
    • GLOBAL POUCH FORUM
    • TOP 25 CONVERTERS
    • ENEWSLETTER
    • EMAGAZINE
    • FLEXIBLE PACKAGING STORE
  • PACKAGING STRATEGIES
Flexible Packaging

FLEXIBLE PACKAGING ASSOCIATION | UPDATE

FPA Litigation Update: Conflict Minerals Rule

By Ram Singhal, FPA Vice President, Technology & Environmental Strategy
June 1, 2014

The compliance reporting period for the Conflict Mineral Rule began January 1, 2013, and the first reports are due to be filed by June 2, 2014.

On August 22, 2012 the U.S Securities and Exchange Commission issued the “Conflict Minerals Rule” mandated by the 2010 Dodd-Frank Wall Street Reform & Consumer protection Act. The Rule requires that if conflict minerals (tin, tantalum, tungsten or gold; abbreviated as 3TG) are necessary to the functionality or production of products manufactured or contracted to be manufactured by an SEC reporting company, the company must perform due diligence and make specified disclosures as to the source of the 3TG in its reportable products.

The National Association of Manufacturers (NAM) filed a challenge in the District Court relating to the SEC’s decision not to include a de minimis exception, the SEC’s application of the rule to retailers and other companies that only contract to manufacture products, and the due diligence trigger in the rule.

On April 14, 2014 the Court of Appeals for the D.C. Circuit issued its opinion. With one exception, it affirmed the District Court’s decision upholding the rule. The majority of the Court agreed with the petitioners’ First Amendment challenge to the rule’s requirement that companies report to the Commission and on their web site that any of their products have not been found to be “DRC conflict free.” Subsequently, the SEC issued a statement that it expects companies to file any reports required under the rule 13p-1 on or before the due date except that no company is required to describe its products as “DRC conflict free,” having “not been found to be ‘DRC conflict free,”’ or “DRC conflict undeterminable.”  SEC added that if a company voluntarily elects to describe any of its products as “DRC conflict free” in its Conflict Minerals report, it would be allowed to do so provided it had obtained an independent private sector audit as required by the rule.

The NAM, along with the Chamber of Commerce and Business Roundtable has filed a Motion to Stay the rule with the Circuit Court. Their contention is that in the light of the court’s decision that the SEC’s rule, and perhaps the statue itself, violates the First Amendment’s Free Speech Clause. On May 14, 2014, the Court of Appeals denied the NAM's request for a stay of the conflict minerals disclosure rule.

The EU has proposed a draft Regulation setting up an EU system of self-certification for importers of 3TG. The self-certification requires EU importers of these metals and their ores to exercise “due diligence” by following the Organization for Economic Cooperation and Development (OECD) Due Diligence Guidance.

Share This Story

Looking for a reprint of this article?
From high-res PDFs to custom plaques, order your copy today!

Recommended Content

JOIN TODAY
to unlock your recommendations.

Already have an account? Sign In

  • Golden award trophy in the shape of a star. Text: 2026 Top 100 Food and Beverage Companies

    Top 100 Food and Beverage Packaging Companies of 2026

    Celebrating 30 years as a B2B journalist, I’ve revisited...
    Special Reports
    By: Brad Addington
  • Women In Packaging 2025 homepage hero

    Women in Packaging: Seizing Opportunities, Pushing Boundaries

    Seven women share their personal journeys in the...
    Special Reports
    By: Brad Addington
  • Image of the Spyder Pick and Place Joint Robot sorting pre-rolls.

    Cannabis Packaging Goes High-Tech

    Packaging Strategies doesn't often cover cannabis...
    Inspection/Detection/Vision
    By: Brad Addington

Flexible Packaging Buyers Guide.png

Sustainable Flexible Packaging.png

Get Connected!

FACEBOOK twitter YOUTUBE LINKEDIN

Connect with us on Twitter, Facebook, YouTube, or LinkedIn to receive updates and to network with other industry professionals just like you!



×

Keep the info flowing with our Newsletters!

Get the latest industry updates tailored your way.

JOIN TODAY!
  • RESOURCES
    • Advertise
    • Contact Us
    • Directories
    • Store
    • Want More
  • SIGN UP TODAY
    • Create Account
    • eMagazine
    • Newsletter
    • Customer Service
    • Manage Preferences
  • SERVICES
    • Marketing Services
    • Reprints
    • Market Research
    • List Rental
    • Survey/Respondent Access
  • STAY CONNECTED
    • LinkedIn
    • Facebook
    • YouTube
    • X (Twitter)
  • PRIVACY
    • PRIVACY POLICY
    • TERMS & CONDITIONS
    • DO NOT SELL MY PERSONAL INFORMATION
    • PRIVACY REQUEST
    • ACCESSIBILITY

Copyright ©2026. All Rights Reserved BNP Media, Inc. and BNP Media II, LLC.

Design, CMS, Hosting & Web Development :: ePublishing