News & Analysis as of

Marketing Federal Trade Commission (FTC) Environmental Claims

Venable LLP

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

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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

Venable LLP

Making Green Claims? Keep in Mind New State Laws

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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

Holland & Knight LLP

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

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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

Latham & Watkins LLP

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

Latham & Watkins LLP on

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

Hinch Newman LLP

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

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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

McDermott Will & Emery

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

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

Katten Muchin Rosenman LLP

What will the FTC do with recycling?

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

Kelley Drye & Warren LLP

Talking Trash at the FTC: Event Recap

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

Woodruff Sawyer

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

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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

Faegre Drinker Biddle & Reath LLP

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

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

Manatt, Phelps & Phillips, LLP

FTC Regulation Tracker - April 2023

In the wake of AMG, the Federal Trade Commission (FTC) can no longer use Section 13(b) of the FTC Act to go to court for monetary relief. With a clear regulation prohibiting certain practices, however, the FTC can attempt to...more

Beveridge & Diamond PC

Green Marketing Claims To Receive Increased Scrutiny

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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

Clark Hill PLC

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

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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

BakerHostetler

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

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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

Bergeson & Campbell, P.C.

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

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

Orrick, Herrington & Sutcliffe LLP

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

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

Manatt, Phelps & Phillips, LLP

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

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

Latham & Watkins LLP

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

Latham & Watkins LLP on

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

Katten Muchin Rosenman LLP

FTC Extends Green Guides Comments Deadline

In response to numerous industry requests, the FTC has extended the deadline for submitting comments to the Green Guides by 60 days, from Feb. 21, 2023, to April 24, 2023. If the FTC decides to convert the Guides into a...more

Bergeson & Campbell, P.C.

FTC Extends Deadline for Comments on Green Guides to April 24, 2023

The Federal Trade Commission (FTC) announced on January 31, 2023, that it has extended the deadline for public comment on its Guides for the Use of Environmental Marketing Claims (Green Guides) to April 24, 2023. FTC states...more

Wilson Sonsini Goodrich & Rosati

Last Call for the FTC’s Green Guides

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

Foley & Lardner LLP

FTC Requests Public Comment on Potential Updates to “Green Guides” for the Use of Environmental Marketing Claims

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On December 14, 2022, the Federal Trade Commission (FTC) announced that it is seeking public comment on a variety of potential updates to its “Green Guides." First issued in 1992, the FTC’s Green Guides provide direction and...more

Saul Ewing LLP

The Federal Trade Commission Seeks Public Comment on Its Green Guides Applicable to Green Marketing and Labeling Claims

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The Federal Trade Commission (“FTC”) is soliciting public comment on its Guides for the Use of Environmental Marketing Claims (“Green Guides”), as part of its analysis of whether to modify, retain, or rescind the Green...more

Akin Gump Strauss Hauer & Feld LLP

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

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

Cadwalader, Wickersham & Taft LLP

FTC Considering Updates to Environmental “Green Guides”

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

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