News & Analysis as of

False Advertising Green Guides

Cadwalader, Wickersham & Taft LLP

Cadwalader Climate - September 2024

In this week’s edition, we discuss the UK’s advertising regulator’s continued focus on greenwashing enforcement – this time, in relation to Virgin Atlantic and its use of sustainable aviation fuel. We also discuss the latest...more

ArentFox Schiff

Let’s Just Be Friends: When “-Friendly” is More Than Mere Puffery

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“Kid-friendly.” “Reef-friendly.” “Earth-friendly.” “Pet-friendly.” There’s no shortage of products that are marketed as being “-friendly.” There’s also no shortage of litigation that accuses products of not being as...more

Jones Day

Class Action "Greenwashing" Bottled Water Lawsuit Survives Motion to Dismiss in New York Federal Court

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On January 10, 2024, a class action lawsuit survived a motion to dismiss a complaint alleging injury due to misleading "carbon neutrality" branding on bottled water. Dorris v. Danone Waters of America, Case No. 22 Civ. 8717...more

Davis Wright Tremaine LLP

Stay ADvised: 2024, Issue 5

Huggies Diaper Evidence Not a Good "Fit" for #1 Claim, NAD Says - Huggies claimed its diapers were the #1 Best Fitting, a broad claim requiring broad evidence against the market—evidence that the National Advertising...more

Venable LLP

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

Venable LLP on

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

Clark Hill PLC

Greenwashing Litigation: Reduce the Risk of Getting Stuck in the Weeds

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In recent years, American consumers have demonstrated a focus on how their consumption habits impact the environment. According to McKinsey & Company, “more than half of US consumers are … highly concerned about the...more

Davis Wright Tremaine LLP

Stay ADvised: Brand Protection & Advertising Law News - September 2023

Suit Alleging Madison Reed Hair Color Claims Are Deceptive Will Live to "Dye" Another Day - Allegations that Madison Reed misrepresented the safety and quality of its at-home hair dying products survived a motion to...more

Davis Wright Tremaine LLP

Stay ADvised: Brand Protection & Advertising Law News - August 2023 - 2

Kardashian Kopycat? Energy Drink Company Claims Competitor Stole Kim's Copyrighted Look - The Instagram posts look nearly identical, in a blink-and-you'll-miss-the-difference kind of way—or so says the complaint filed by...more

Nelson Mullins Riley & Scarborough LLP

FTC Looks to Revise Green Guides, Requesting Public Comments on “Organic” and “Sustainable”

The Federal Trade Commission (“FTC” or the “Commission”) is requesting public input on possible revisions to the Guides for the Use of Environmental Marketing Claims (“Green Guides” or “guides”). The Green Guides are...more

Kilpatrick

Advertising Law Issues: 2022 Look Back and 2023 Look Ahead

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(a/k/a You can’t know where you’re going unless you know where you’ve been) - For proper business planning purposes, with the turn of the calendar, it’s a good idea to try to project where the world is going....more

BakerHostetler

AD-ttorneys@law - January 2023

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FTC Opens Green Guide Revision for Public Comment - It’s the first revision in a new, environmentally panicked time - The Greatest Generation - The ’90s were an active decade for Federal Trade Commission (FTC)...more

Nelson Mullins Riley & Scarborough LLP

FTC Requests Public Comment on Refresh of Green Guides, Including Feedback on “Organic” and “Sustainable”

The Federal Trade Commission (“FTC” or the “Commission”) is seeking public comments on potential updates to its Guides for the Use of Environmental Marketing Claims (“Green Guides” or “Guides”). The Green Guides are...more

Venable LLP

Event in Review: 9th Annual Advertising Law Symposium

Venable LLP on

On September 16, Venable’s Advertising and Marketing Group hosted its 9th Annual Advertising Law Symposium in Washington, DC. After a two-year hiatus due to the coronavirus pandemic, attendees were energized to convene in...more

Kilpatrick

"Sustainability" Marketing Claims: Consumers Will Infer What You Do Not Intend To Imply

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A federal court recently held that a customer could sue ALDI, a national food retailer, for false advertising based on an on-pack claim for a salmon product that read: “Simple. Sustainable. Seafood.” The use of “Sustainable”...more

Foley Hoag LLP - Environmental Law

Green Guide Annual Review: Environmental False Advertising in 2017/2018

Earth Day is coming up on April 22, and you may be looking to capture some environmentally-minded consumers with nifty green-themed advertising campaigns. But before you do, remember that the Federal Trade Commission (“FTC”)...more

Stinson LLP

Advertising with Environmental Certifications and "Green" Seals of Approval

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As consumer demand for eco-friendly, non-toxic, and sustainably-sourced products continues to rise, so does the use of environmental certifications on packaging and advertisements for virtually every kind of consumer product,...more

Beveridge & Diamond PC

FTC Backs Off Green Guides Biodegradability Standard

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On October 20, 2015, the U.S. Federal Trade Commission (FTC) issued an opinion and order holding that ECM BioFilms, Inc., a manufacturer of plastic additives, had made false or misleading claims about the biodegradability of...more

Cozen O'Connor

FTC Announces Red Light on Unqualified “Green Approved” Seals

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Updated to clarify that this post is not about Green Seal, Inc. but the environmental seals or certifications warned against in a recent FTC update. Manufacturers of consumer products labeled with unspecified environmental...more

Manatt, Phelps & Phillips, LLP

Advertising Law - September 2015 #3

State AGs Settle Negative Option Marketing Case for $1M: Negative option marketing cost one company $1 million in a recent deal with the Attorneys General of New York, Pennsylvania and Washington. According to the...more

Manatt, Phelps & Phillips, LLP

Advertising Law - July 2015

Try, Try Again: Lawmakers Reintroduce Do Not Track Kids Act - A group of federal lawmakers reintroduced the Do Not Track Kids Act, a bill to amend the Children’s Online Privacy Protection Act (COPPA), with some changes...more

Bergeson & Campbell, P.C.

FTC: Warning Letters to Manufacturers of Dog Waste Bags Suggest They May Be in Deep Doo-Doo

For the dog lovers of the world, this one is for you. The Federal Trade Commission (FTC) recently sent "warning letters" to 20 manufacturers and marketers of dog waste bags that dog owners, walkers, and conscientious others...more

Foley & Lardner LLP

Wait for the "Green" Light Before Making Environmentally Friendly Claims

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Consumers increasingly pay a premium for environmentally friendly products. As a result, companies are expanding their green marketing claims regarding products and packaging. Those companies may find themselves under...more

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