Green Guides, Marketing

Eco-Friendly Claims Under Fire: The Legal Risks of Greenwashing for Businesses

Proskauer - Advertising Law on 6/25/2024

In today’s market, eco-friendly claims can serve as a tool for companies looking to attract environmentally conscious consumers. However, this surge in green marketing has also caught the attention of the plaintiffs’ bar,...more

California Court Cites FTC Green Guides, Allowing Plaintiff’s Challenge of Colgate Toothpaste Tubes “Recyclable” Claims to Proceed

Venable LLP on 3/4/2024

Is a product recyclable if it is made of recyclable materials? Or is it recyclable when it can be recycled by waste management facilities? Last month, the United States District Court for the Northern District of California...more

Making Green Claims? Keep in Mind New State Laws

Venable LLP on 2/6/2024

As we anxiously await the Federal Trade Commission’s (FTC) update of the Green Guides, advertisers should keep in mind the various “green” state laws that could affect the production and marketing of certain products. For...more

Double Jeopardy for Double Counting? CFTC and FTC Both Scrutinize Fraud in Carbon Markets

Holland & Knight LLP on 8/16/2023

The Federal Trade Commission (FTC) and Commodity Futures Trading Commission (CFTC) have recently and aggressively signaled their intent to ramp up enforcement activity regarding the use of carbon offsets to make environmental...more

Greenwashing or Hair Washing?

BakerHostetler on 7/6/2023

When it comes to advertising disputes, there are relatively few substantive decisions to inform best practices. The relevant law boils down to whether a claim constitutes “misleading or deceptive advertising,” which means...more

Federal Trade Commission’s Workshop on Recyclable Claims

Beveridge & Diamond PC on 7/6/2023

Key Takeaways - What’s happening? On May 23, 2023, the Federal Trade Commission (FTC) hosted a public workshop – “Talking Trash at the FTC: Recyclable Claims and the Green Guides” – to discuss “recyclable” advertising...more

FTC Proposes to Clarify Green Guides for Climate Claims Based on Carbon Offsets

Holland & Knight LLP on 6/30/2023

For the first time since 2012, the Federal Trade Commission (FTC or Commission) is actively evaluating potential updates to its Guides for the Use of Environmental Marketing Claims (Green Guides or Guides) to provide clarity...more

Mitigating Greenwashing Risks: FTC Solicits Input on Current Green Guides

Holland & Knight LLP on 6/29/2023

For the first time since 2012, the Federal Trade Commission (FTC or Commission) is actively evaluating potential updates to its Guides for the Use of Environmental Marketing Claims (Green Guides or Guides) to provide clarity...more

The Future of Green Marketing: Anticipated Changes to the FTC’s Green Guides

Latham & Watkins LLP on 6/28/2023

The FTC will likely update Green Guides provisions, impacting corporate decision-making in marketing and throughout the value chain. Latham & Watkins is pleased to present a series of Clients Alerts on environmental,...more

Greenwashing Claims - Fashionable or Fashion Faux Pas?

Kilpatrick on 6/13/2023

Consumers seem to want to buy products made from sustainable materials or made in sustainable ways. At least, companies seem to think that’s what consumers want, as they continue making claims about how environmentally...more

FTC Explores Recycling Claims, Updates to Green Guides and Pending Rulemakings

Hinch Newman LLP on 6/5/2023

On May 23, 2023, the Federal Trade Commission hosted a national workshop designed to consider the current state of recycling practices and recycling-related advertising. This follows an FTC announcement in December 2022 that...more

Going ‘Green’—What Does That Mean? FTC Proposes Revisions To Green Guides

McDermott Will & Emery on 6/2/2023

As consumers actively seek more environmentally friendly products and services, companies have increased “green” advertising efforts to highlight eco-friendly claims and certifications related to carbon emissions, renewable...more

What will the FTC do with recycling?

Katten Muchin Rosenman LLP on 5/25/2023

The FTC is in the process of updating its venerable Green Guides, which "govern" environmental marketing claims in the United States. A big part of the Guides are its sections on Recycling Claims, which deal with whether and...more

Talking Trash at the FTC: Event Recap

Kelley Drye & Warren LLP on 5/25/2023

This week, the FTC held its Talking Trash at the FTC workshop, a four-hour event intended to examine “recyclable” claims in ads. We’ve sifted through some of the trash and pulled out a few things worth noting....more

Is Your Product Really “Non-Toxic” or “Biodegradable”? The FTC Weighs In.

Foley & Lardner LLP on 5/24/2023

Over the course of the past decade, and the past year in particular, the consumer products industry has seen an uptick in class action lawsuits challenging environmental marketing claims, including claims on product labels or...more

FTC’s Green Guides: Potential Updates and Practical Considerations for Companies That Make Environmental Claims

Woodruff Sawyer on 5/18/2023

The US Federal Trade Commission (FTC)’s Green Guides focused on “greenwashing” before it was en vogue. Originally issued in 1992 and revised in 1996, 1998, and 2012, the FTC designed the guides to help companies avoid making...more

'Greenwashing' Claims Strike Consumer-Facing Companies: How to Avoid the Increasing Threat of Litigation

Faegre Drinker Biddle & Reath LLP on 5/18/2023

Consumers are increasingly conscious of how the products they buy impact the environment. Due to this heightened focus on environmental issues, consumer-facing companies frequently highlight the environmentally friendly...more

EPA Releases Draft of National Strategy to Prevent Plastic Pollution

Holland & Knight LLP on 5/9/2023

The U.S. Environmental Protection Agency (EPA) Office of Resource Conservation and Recovery (ORCR) released the draft National Strategy to Prevent Plastic Pollution (EPA 530-R-23-006) (Draft Strategy) on April 21, 2023. The...more

A fine line: Green branding or greenwashing?

Smart & Biggar on 4/13/2023

Over the past several years, companies across the globe have seen an increasing demand for green and sustainable products and services. This demand has resulted in the rise of “green branding”. Green branding is where a...more

Green Marketing Claims To Receive Increased Scrutiny

Beveridge & Diamond PC on 4/12/2023

Green Marketing Updates in the European Union (EU) - Background - On March 22, 2023, the European Commission (Commission) published a Proposal for a Directive on Green Claims (Proposal). The Proposal is part of the EU's...more

Cracking Down on Deceptive Green Marketing Claims – Recent Developments in the US and EU

Clark Hill PLC on 3/30/2023

Just three months apart, both the US and EU have taken steps to specifically tackle misleading or unsubstantiated “green” claims made by companies to their customers, signaling an increasing focus on greenwashing on both...more

The Year of the Green - Upcoming FTC Workshop on Recyclable Claims

BakerHostetler on 3/3/2023

Late last year, the Federal Trade Commission (FTC) announced it was examining the Guides for the Use of Environmental Marketing Claims, better known as the Green Guides. Consumer and industry interest in green marketing is...more

FTC Will Host May 23, 2023, Workshop on Recyclable Claims and the Green Guides

Bergeson & Campbell, P.C. on 3/2/2023

The Federal Trade Commission (FTC) will host a workshop on May 23, 2023, to examine “recyclable” adverting claims as part of its review of the Guides for the Use of Environmental Marketing Claims (Green Guides). The workshop,...more

The FTC's Green Guide Updates: What Companies Need to Know

Orrick, Herrington & Sutcliffe LLP on 3/2/2023

What’s Happening? The U.S. Federal Trade Commission (FTC) has requested comment on whether to retain, modify or rescind the Green Guides, which were originally issued in 1992 and last revised in 2012. Comments are due April...more

The FTC Takes on ESG: Proposed Updates to the Green Guides

Manatt, Phelps & Phillips, LLP on 2/10/2023

Over the past few years, environmental, social and governance (ESG) issues have moved to the center of American discourse. Late last year, the Federal Trade Commission (FTC) joined the conversation when it published a Notice...more

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