On October 1, 2012, the Federal Trade Commission released its long-awaited revised Environmental Claims Guides, known as the “Green Guides.” The Commission staff adopted many of the approaches it had proposed a year ago, but it also has introduced some brand new concepts, which in this final version could raise serious questions about the Commission’s procedural integrity. Furthermore, the Green Guides suffer from ambivalence toward governmental, international, and scientific standards, which surfaces as a palpable tension between that which is scientifically factual and that which is subject to the misconceptions of the public because of the technical nature of the subject matter.
Continue Reading FTC Releases Revised Environmental Claims Guides: Modifications and Surprises
Green Advertising
Rep. Markey Releases a Kids Do Not Track Discussion Draft Bill
This post was also written by Amy Mushahwar.
Bill Adds to the Web of Proposed Privacy Legislation and Contains Much More Than Kids Do Not Track
Today, Rep. Ed Markey (D-Mass.) circulated a discussion draft of his kids online do-not-track bill, co-sponsored by Joe Barton (R-Tex.) that proposes to make it illegal to use…
Reed Smith and the ANA Discuss the Green Guides
If you sign up for only one teleseminar on the FTC’s proposed revisions to its Green Guides, make it this one:
Green Marketing: Can the FTC’s Green Guides Bring Consumer Perception of Environmental Claims into Focus?
On Wednesday, October 6, the Federal Trade Commission issued its long awaited proposed revisions to its Green Guides. This…
The Green Guides’ Proposed Revisions Have Arrived
In what was the next of the Federal Trade Commission’s (“FTC”) pillar documents to undergo an overhaul, the FTC yesterday disclosed its proposed revisions to its Guides for the Use of Environmental Marketing Claims (the “Green Guides”). The Green Guides (16 C.F.R. Part 260) set forth the FTC’s position on permissible environmental claims in…
Release of Revised FTC Environmental Marketing Guidelines, October 6, 2010 at 11 AM
This post was written by Dan Jaffe.
We have been informed by several sources that the Federal Trade Commission will release its revised Environmental Marketing Guides on Wednesday, October 6, 2010 at 11 AM. These revisions are in response to the FTC’s review of its current guidelines on the use of green marketing terms,…
The FTC Takes on Environmental Marketing Claims Through Green Guides and More
On June 9, 2009, the Federal Trade Commission (“FTC” or “Commission”) testified on its efforts to ensure truthfulness of environmental or “green” marketing claims before the U.S. House Subcommittee on Commerce, Trade, and Consumer Protection of the Committee on Energy and Commerce. Noting the “virtual tsunami” of environmental marketing, the FTC announced it will continue its efforts to ensure that green advertisements are “truthful, substantiated, and not confusing to consumers.”
In order to protect consumers from unfair or deceptive practices, the FTC explained its multi-tiered approach of (1) issuing rules and guides for businesses, (2) challenging fraudulent and deceptive ads through enforcement actions, and (3) publishing materials to help consumers make informed purchasing decisions.
The FTC’s Guides for the Use of Environmental Marketing Claims (“Green Guides” or “Guides”), 16 C.F.R. Part 260, are the centerpiece of the agency’s environmental marketing program, according to the testimony. The Green Guides, first issued in 1992 and most recently revised in 1998, help advertisers avoid making “unfair or deceptive” claims in violation of the Federal Trade Commission Act (“FTC Act”) by describing the basic elements needed to substantiate specific environmental claims. While the Guides “provide the basis for voluntary compliance” with section 5 of the FTC Act, “[c]onduct inconsistent with the positions articulated . . . may result in corrective action by the Commission under Section 5 if, after investigation, the Commission has reason to believe that the behavior falls within the scope of the conduct declared unlawful by the statute.” § 260.1.Continue Reading The FTC Takes on Environmental Marketing Claims Through Green Guides and More
Direct Marketing Group Goes Green
The Direct Marketing Association is stepping up efforts to help its members move toward greener marketing practices. The DMA has introduced a “Green Marketing” program, which allows its professionals to earn a certificate in eco-responsible marketing. In addition, the DMA has developed an environmental resource center on its website.
The DMA’s Environmentally Responsible Marketing (ERM)…
ASA Report on Green Advertising
The UK Advertising and Standards Agency (ASA) has recently published a report in response to an increase in consumer complaints regarding misleading environmental claims in advertisements. Companies and advertising agencies have been accused of "green washing" advertisements – making environmental claims that are less about saving the planet and more about exploiting consumer concerns. Particularly…
Environmental Marketing in Europe
This forum was written by Avv. Felix Hofer.
1. The European Approach
1.1. Up till now the Europe Union did not issue a set of harmonizing principles and rules meant to specifically govern ‘environmental/green marketing’.
The main reason for such approach was not disinterest from the EU’s institutional bodies towards the issue, but probably…
Are You Legally Green?
In 2005, General Electric Chairman and CEO Jeff Immelt—in announcing GE’s Ecomagination commitment to address the world’s need for cleaner, more efficient sources of energy, reduced emissions, and clean water—stated that increasingly for business, “green” is green. Today, companies of all shapes and sizes are recognizing that being environmentally conscious and sensitive to the sustainability…