On October 1, 2012, the Federal Trade Commission (“FTC”) issued revised Guides for the Use of Environmental Marketing Claims (“Green Guides”), 16 C.F.R. Part 260.

One of the most significant changes in the revised “Green Guides” is a new section on the use of environmental certifications and seals of approval in advertising.

Many industry trade associations now have certification programs. (For example, the National Association of Home Builders and the U.S. Green Building Council have created environmental certification programs.) Marketers in many different industries increasingly use certifications and seals of approval to communicate environmental claims.

Any association that is considering the creation of such a program and any association member considering the use of such a certification or seal of approval in its advertising or on its packaging should take a close look at what the FTC has to say in the revised “Green Guides.”

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