Why plastic bans aren't working and what needs to change

Single-use plastic is like the toxic ex that just keeps reappearing. Plastic straws, cutlery and Styrofoam boxes still show up on takeaway counters, coffee shops and restaurants across Europe, despite being blocked and officially dumped by the EU in 2021.

The bloc targeted several items after discovering that 85% of the trash washing up on its shorelines was plastic — almost half of which were disposable items such as straws, takeaway boxes, cutlery and plates.

In order to tackle this growing problem of discarded plastic, which can release harmful chemicals and tiny particles that enter the environment and the human body — potentially raising the risk of serious health issues including cancer and infertility — the EU decided to take action.

The logic was simple. Just ban the sale, production and import of the worst offenders and the problem will vanish.

But the reality is very different. Roughly 70% of takeaway restaurants surveyed in Germany's capital, Berlin, still offer banned plastic items, according to tests carried out by NGO Environmental Action Germany (DUH) in 2024. A continent-wide report by five NGOs from the same year found the prohibited items are still widely available in most European countries.

More than 400 million metric tons of plastic are produced each year — about 50 kilograms (110 pounds) per person. With production still rising and global regulations largely ineffective, researchers warn the problem will continue to worsen.

One theory puts the persistence of single-use plastics following the EU's ban down to leftover stockpiles from the COVID pandemic. Particularly at the height of the 2020 lockdowns, takeaway orders surged when restaurants closed or people avoided eating out.

But experts, like Britta Schautz from Berlin's consumer watchdog, say the timeline doesn't quite add up.

"The ban came into effect in 2021," said Schautz, who has spent a decade helping consumers cut down on plastic.

It's unlikely most restaurants would be able to store mountains of containers for so long, Schautz told DW, adding that plastic becomes porous over time and has a limit on how long it can safely hold food and beverages.

She said a lack of compliance from retailers and food businesses is the more likely reason.

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Many small business owners who have switched to paper or aluminum substitutes record higher expenses. "It's a disaster," one restaurant owner told DW. "We can't get the right paper plates and it's costly." Another confirmed the difficulties, adding that handing out plastic straws held sentimental value for him.

But, in theory, the sentimentality could cost him dear, as he could be fined up to €100,000 ($116,000) in Germany for not sticking to the new rules.

Failure to enforce the rules is another problem. When DW contacted authorities in five of Germany's biggest cities to ask how they monitor compliance and sanction violators, not one could point to an example of any fines. Most said they only act on complaints or, at most, carry out random checks.

Imposing fines consistently and communicating the ban more effectively would be a better deterrent, said Thomas Fischer, who heads the department for circular economy at Environmental Action Germany. He compared the effect to dodging the fare in public transport. If people felt that violations were punished, they wouldn't do it, he told DW.

Other countries have taken tougher measures.  Kenya banned plastic bags in 2017 backed by fines of as much as 4 million Kenyan shillings — roughly $31,000/€26,000 — or up to four years in jail. And unlike Germany, it's not just an empty threat. Two years after the ban was introduced, authorities had already registered several hundred arrests and prosecutions. Three Kenyan fruit vendors were arrested over using prohibited plastic bags.

Online retail is one of the law's blind spots. Plastic straws and cutlery are widely available on major retail platforms like Temu, eBay and Fruugo.

"It's really easy to order banned plastics from countries outside the EU," said Schautz. "And manufacturers there don't have to adhere to EU legislation when producing such things."

But even in the EU, manufacturers exploit gaps in the law. Some bypass restrictions by producing disposable cutlery that's a little thicker and labeling it "reusable."

"Reusable does not mean reused," said Nathalie Gontard of the French National Research Institute for Agriculture, Food and Environment, adding that the EU ban has increased consumption in some cases.

"The law can be easily circumvented by just increasing the thickness," said the plastics researcher. Gontard also recalled companies contacting her during the drafting of EU bans for advice. A while later, "they came back to me and said: 'Sorry, but we don't need help anymore. We'll just increase the thickness.'"

Around the world, at least 90 countries have introduced some form of plastic ban. But the rules vary widely, targeting different regions and items. Experts say this fragmented system does little to curb waste.

In Germany, only plastic bags between 15–50 micrometers thick are banned. Yet 87% of bags handed out in 2022 fell into this category, highlighting the confusion around the law.

Even in Kenya, where the plastic bag ban is considered relatively successful and observers confirm cleaner streets in large cities such as Nairobi, progress has slowed. Plastics bags are now entering Kenya from neighboring countries without bans.

A 2025 study from the US — where some states even prohibit any plastics legislation — found large-scale or country-wide bans are the most robust.

"The idea that we will be able to solve the issue country per country is not the solution anymore," said Ximena Banegas from the Center for International Environmental Law. "We're all just playing whack-a-mole in banning one product here while it's still produced elsewhere."

Besides calling for global bans, Banegas also advocates capping plastic production, a proposal discussed at the UN's plastic treaty talks, most recently in August 2025.

A coalition led by oil-producing countries Iran, Saudi Arabia, China and Russia wanted legislation kept at the national level, focusing on waste management. Opponents, led by Norway, Rwanda, Canada and 72 other countries, pushed for broader bans and a production cap. Positions were too far apart for the UN to reach consensus. About 98% of all plastic is made from fossil fuels.

Nathalie Gontard said stricter policies are overdue. "We need to start right now," she told DW. "Even if we ask for a 10% reduction in plastic consumption during the next decade, it will already be a victory."