News & Analysis as of

Sustainability Green Marketing

Beveridge & Diamond PC

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

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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

Kelley Drye & Warren LLP

Federal Court Unpacks Challenge to Fishy Environmental Claims

Breaded fish fillets were the latest target of an ESG class action lawsuit examining sustainable certifications, traceability claims, and broad environmental benefit claims for ConAgra’s fish fillets and similar seafood...more

Hogan Lovells

Greenwashing: publication of the directive on empowering consumers for the green transition

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The EU is stepping up its fight against greenwashing and empowers consumers for the green transition with a new Directive on empowering consumers for the green transition through better protection against unfair practices and...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

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

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

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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

Kilpatrick

Greenwashing Claims - Fashionable or Fashion Faux Pas?

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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

Kelley Drye & Warren LLP

H&M Wins Dismissal in Greenwashing Suit

Abraham Lizama purchased a turquoise sweater from H&M’s “Conscious Choice” collection, a line of clothing “created with a little extra consideration for the planet” which generally include “at least 50% of more sustainable...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

Smart & Biggar

A fine line: Green branding or greenwashing?

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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

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

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

Latham & Watkins LLP

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

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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

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

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

Hogan Lovells

FTC seeks public comment on possible updates to Green Guides

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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

Seyfarth Shaw LLP

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

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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

Katten Muchin Rosenman LLP

Federal Trade Commission to Seek Comment on Green Guides

First issued in 1992 and most recently updated in 2012, the FTC's "Green Guides" are a series of written guidance and recommendations to any company wishing to advertise about the environmental attributes of products and...more

Bergeson & Campbell, P.C.

Comments on FTC’s Green Guides Due February 23, 2023

On December 20, 2022, the Federal Trade Commission (FTC) requested public comment on its Guides for the Use of Environmental Claims (Green Guides). FTC intends the Green Guides to help marketers avoid making environmental...more

Jones Day

FTC Requests Public Comment on Potential Green Guides Updates

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The Federal Trade Commission ("FTC") is soliciting comments regarding the efficiency, costs, benefits, and regulatory impact of its Guides for the Use of Environmental Marketing Claims ("Green Guides")....more

Latham & Watkins LLP

FTC Seeks Public Comments on Green Guides as Part of 10-Year Review Cycle

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The updated Green Guides will likely impact legal liability for environmental marketing claims in the years to come. On December 20, 2022, the Federal Trade Commission (FTC) published a notice (hereinafter, the 2022...more

Holland & Knight LLP

FTC Seeks Input on Potential Updates to Its Green Guides

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At its Dec. 14, 2022, meeting, the Federal Trade Commission (FTC or Commission) voted to obtain public comment on potential revisions to its Guides for the Use of Environmental Marketing Claims (Green Guides or Guides). The...more

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