It’s Not Easy Being Green: Could Your Marketing Claims Lead to Legal Trouble?

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As consumers become more environmentally conscious, businesses are increasingly looking to add “green” claims to their marketing campaigns. However, before jumping in the green marketing bandwagon, it is important to make sure you can back up your claims.

The explosion of green marketing has resulted in increased scrutiny by both the federal government and consumers. Deceptive green marketing has become such a hot-button issue that it even has its own nickname—green washing. Businesses using green marketing are subject to a number of legal concerns, including Federal Trade Commission (FTC) corrective actions, consumer breach of contract lawsuits related to product claims, and false advertising allegations by competitors.

So how can businesses avoid a similar fate? The FTC’s Green Guide is an excellent resource for businesses looking to ensure that their green marketing claims do not lead to liability. Below are a few key tips to keep in mind:

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DISCLAIMER: Because of the generality of this update, the information provided herein may not be applicable in all situations and should not be acted upon without specific legal advice based on particular situations.

© Donald Scarinci, Scarinci Hollenbeck | Attorney Advertising

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