News & Analysis as of

Marketing Recycling

Kelley Drye & Warren LLP

NAD Reviews Green Claims for Trash Bags

HoldOn makes trash bags that are certified by the Biodegradable Products Institute (“BPI”) and TÜV Austria as compostable in commercial and home composting settings. The company advertises that the bags are great for trash,...more

ArentFox Schiff

Top 10 Legal Issues for 2024 For the Consumer Products Industry

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On August 16, 2022, US Congress enacted Reese’s Law, which aims to protect children from ingestion hazards associated with certain lithium batteries found in consumer electronics. The law stems from the death of 18-month-old...more

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

BakerHostetler

AD-ttorneys@law - August 2023

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CSPI: Performance Enhancer Supplements Aren’t What They Seem - Manufacturers need to start by including the advertised ingredients - Double-Dog Dare You - Would you eat something called Rauvolfia vomitoria? No? Of...more

Perkins Coie

Sustainability Advertising: US and EU Regulators Boost Guidance and Enforcement

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Brands continue to promote sustainable and eco-friendly qualities of their products and services, and regulators are sharpening their enforcement tools in response. Both the United States and European Union took steps in the...more

Beveridge & Diamond PC

Federal Trade Commission’s Workshop on Recyclable Claims

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

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

Holland & Knight LLP

Mitigating Greenwashing Risks: FTC Solicits Input on Current Green Guides

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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

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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

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

Foley & Lardner LLP

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

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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

Holland & Knight LLP

EPA Releases Draft of National Strategy to Prevent Plastic Pollution

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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

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

Fox Rothschild LLP

FTC Seeks Comments on “Green Guides”

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The Federal Trade Commission (FTC) announced earlier this month that it is seeking public comments on potential updates to its “Guides for the Use of Environmental Marketing Claims” (“Guides,” also known as “Green Guides”)....more

Wiley Rein LLP

FTC Requests Comment on Potential Revisions to Green Guides

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On December 20, 2022, the Federal Trade Commission (FTC) published a Request for Comment (Request) on potential revisions to its Green Guides for the Use of Environmental Claims (Green Guides)....more

Kelley Drye & Warren LLP

NAD Takes Strict View of Green Claims

In recent months, companies have scored some notable victories in lawsuits involving various types of green claims, including carbon emission claims, aspirational claims, and recyclability claims. As we noted in some of those...more

Vicente LLP

New York's Proposed Sustainable Packaging Requirements: Is it Enough?

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With the New York Cannabis Control Board's (CCB) recent release of draft regulations to address packaging, advertising, and testing labs, the CCB also included progressive requirements around the mandatory use of sustainable...more

Jenner & Block

California Law Adds New Restrictions on Recyclability Claims

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On October 5, 2021, California Governor Newsom signed SB 343, addressing recyclability claims on products and in advertising. The Act amends existing sections of California’s Business and Professions Code as well as the...more

Faegre Drinker Biddle & Reath LLP

Environmental Marketing Claims – It’s Not Easy Being Green

It’s April, which means it’s time for Earth Day. But for so many consumers, sustainability is top of mind all year. Consumers are constantly seeking out products and services that they can feel good about using and...more

Proskauer - Advertising Law

As Challenges to Recycling Claims Rise, Use Caution When Giving the “Green” Light

NPR and PBS recently released an attention-grabbing investigation titled “How Big Oil Misled The Public Into Believing Plastic Would Be Recycled.” According to the investigation, beginning in the late 1980s, “big oil” began...more

Rivkin Radler LLP

Insurance Update-July 2020

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We bring you our July Insurance Update. Perhaps the biggest news this month comes out of Michigan. At a Zoom hearing on July 1, a Michigan Circuit Court judge became the first to hand down a decision on whether business...more

Foley Hoag LLP - Making Your Mark

Environmental False Advertising: An Earth Day Green Guide Review

Earth Day is coming up on April 22, which means that a lot of consumers are going to be reminded to think green, and to buy green. What if your company is looking to access this vast market of environmentally-minded shoppers,...more

Bergeson & Campbell, P.C.

FTC’s Recent Enforcement Cases for Misleading Recycled Content Claims

The Federal Trade Commission (FTC) has stepped-up its enforcement initiatives and recently settled two cases with companies that market plastic lumber and related products. FTC alleged that these companies misled consumers in...more

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