Green Guides, Sustainability

Mitigating “Greenwashing” Litigation Risk in the U.S. and Beyond

Beveridge & Diamond PC on 4/19/2024

Companies should take note – there is increased global scrutiny around environmental or green marketing, or so-called “greenwashing,” claims. These claims stem from alleged wrongdoing in companies’ marketing representations...more

ESG and Group Action Developments: What You Need to Know

Morgan Lewis on 3/28/2024

This Insight discusses the growth and development of class and collective actions and considers future trends in the United States, the European Union, and the United Kingdom....more

My Healthy Food Product is Ready to Go to Market – What About its Packaging?

Foley & Lardner LLP on 3/15/2024

After formulating an exciting new healthy food or beverage, the packaging it comes in may feel like an afterthought. It should not be. Food packaging has become an increasingly hot topic among federal and state regulators,...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

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

Clark Hill PLC on 1/9/2024

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

Proposed Sustainable Procurement Revisions to the Federal Acquisition Regulation

Vinson & Elkins LLP on 9/12/2023

As part of its Federal Sustainability Plan, the Biden administration has issued a proposed rule that would revise the Federal Acquisition Regulation (“FAR”) to incentivize federal government buyers to prioritize the...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

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

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

[Event] 11th Legal, Regulatory & Compliance Forum on Dietary Supplements - June 28th - 29th, New York, NY

American Conference Institute (ACI) on 6/5/2023

ACI and CRN are excited to welcome you back to New York City this Spring for the 11th Legal, Regulatory & Compliance Forum on Dietary Supplements. Since last year, there have been numerous important developments...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

ESG Update: NGOs Push Substantive Policy Agendas in Comments to FTC’s “Green Guides”

ArentFox Schiff on 5/9/2023

In recent years, “sustainability” has gone from being a niche product approaching, in some quarters, a religion. Few would argue with the proposition that issues like climate- and carbon-neutrality and recyclability have...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

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

FTC Extends Deadline to Comment on 10-Year Update to Green Guides

Morrison & Foerster LLP on 3/9/2023

The Federal Trade Commission (FTC) is seeking public comment on its Guides for the Use of Environmental Marketing Claims (“Green Guides” or “Guides”) as part of a 10-year review process. The FTC extended the public comment...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

Anticipated Changes to FTC Green Guides Portend New Areas of Potential Litigation

Latham & Watkins LLP on 2/7/2023

Companies interested in the scope of environmental marketing claims and mitigating potential litigation risks should act fast as the window for comments is closing soon. Latham & Watkins presents a blog series on the...more

Last Call for the FTC’s Green Guides

Wilson Sonsini Goodrich & Rosati on 2/2/2023

Comment Period Closes on April 24, 2023 - The Federal Trade Commission (FTC) is in the process of updating its Guides for the Use of Environmental Marketing Claims (Green Guides) to assist marketers in ensuring that their...more

FTC Publishes Updates to its “Green Guides” for the Use of Environmental Marketing Claims

Akin Gump Strauss Hauer & Feld LLP on 1/11/2023

On December 14, 2022, the Federal Trade Commission (FTC) announced that it is seeking public comment with respect to proposed revisions and updates to the “Green Guides for the Use of Environmental Claims” (“Green Guides”)....more

FTC Considering Updates to Environmental “Green Guides”

Cadwalader, Wickersham & Taft LLP on 1/6/2023

On December 14, 2022, the Federal Trade Commission (FTC) announced that it is seeking public comment “on potential updates and changes to the Green Guides for the Use of Environmental Marketing Claims” (the Notice). The...more

FTC seeks public comment on possible updates to Green Guides

Hogan Lovells on 1/5/2023

The Federal Trade Commission (FTC or the “Commission”) recently announced it will accept public comment on proposed updates to its Guides for the Use of Environmental Marketing Claims (“Green Guides”). In particular, the FTC...more

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

Nelson Mullins Riley & Scarborough LLP on 1/4/2023

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

FTC Requests Public Comments on Potential Updates to the “Green Guides”

Seyfarth Shaw LLP on 12/23/2022

Seyfarth Synopsis: For thirty years, the FTC has published non-binding guidance on how to avoid making “unfair” or “deceptive” environmental claims in its “Green Guides.” The FTC has announced it may make its first update to...more

Green Guides › Sustainability

"My best business intelligence, in one easy email…"