In 1992, the Federal Trade Commission (FTC) published “Guides for the Use of Environmental Marketing Claims”, commonly known as the Green Guides. They were subsequently updated in 1996 and in 1998.

The aim of the “Green Guides” is to help marketers avoid making deceptive or unsubstantiated, and thus unfair, environmental claims. Toward this goal, the Green Guides gives “the following general principles [that] apply to all environmental marketing claims”: “

(a) “Qualifications and disclosures … should be sufficiently clear, prominent and understandable to prevent deception.”

(b) “An environmental marketing claim should … [make] clear whether the environmental attribute or benefit being asserted refers to the product, the product’s packaging, a service or to a … component of the product, package or service.”

(c) “An environmental marketing claim should not … [overstate] the environmental attribute or benefit, expressly or by implication.”

(d) “Environmental marketing claims that include a comparative statement should be presented in a manner that makes the basis for the comparison sufficiently clear to avoid consumer deception.”

Next, the “Green Guides” provide guidance on specific green claims, such as biodegradable, compostable, recyclable, recycled content, and ozone safe.

The FTC is currently reviewing its Green Guides to ensure that they are appropriately responsive to changes in the marketplace and in consumer perception of environmental claims. Because of the proliferation of green claims in the marketplace, the FTC commenced the review in Novemeber 2007, over a year earlier than it originally planned, as part of its regulatory review program.

In 2008, the FTC held three public workshops to discuss various green marketing issues – all preceded and followed by requested public comment:

The 1st workshop, held January 8, 2008. and focused on the marketing of carbon offsets and renewable energy certificates. (A webcast and transcripts are available at http://www.ftc.gov/bcp/workshops/carbonoffsets/index.shtml. This is the main page. So, you will have to click on the webcast link).

The 2nd workshop, held on April 30, 2008, examined developments in green packaging claims and the consumer perception of such claims. The workshop focused more specifically on the range of claims marketers use to tout that their product packaging is “green,” such as recyclable, biodegradable, compostable, and sustainable.  (A webcast and transcript are available at http://www.ftc.gov/bcp/workshops/packaging/index.shtml. Again, click on the webcast link.)

The 3rd workshop, held on July 15, 2008, examined green claims about textiles, building products, and buildings. Workshop participants discussed, among other things, consumer perception of green claims about these products; substantiation for the claims; third party certifications or seals for green textiles, building products, or buildings; and, the need for new or updated FTC guidance in this area.   (A webcast and transcript are available at http://www.ftc.gov/bcp/workshops/buildingandtextiles/index.shtml. Again, click on the webcast link.)

Follow-up comments are still open to the 3rd workshop until August 15, 2008. Watch the video and/or read the transcript, then visit the above link for instructions on how to file your comments. (You may also be interested in reading our next post as it includes a discussion of GOTS and the 3rd workshop.)

Commission staff will then examine and evaluate the information garnered from all of these meetings combined with the public’s follow-up comments in drafting their suggested changes to the Commission ïn regards to creating an updated version of the “Green Guides”.

The Global Organic Textile Standards played a large part in the 3rd Workshop: Session 1: Weaving Green Textile Claims – Cotton, Organic Cotton, and Bamboo; and Sessopm 2: Tying-Up Loose Ends – Substantiating Green Textile Claims and the Need for FTC Guidance.

We discuss these sessions in more detail in the next post.

(some information taken from Reporter Resources: The FTC’s Green Guides)

Saturday, August 9th, 2008, 8:41 pm   |   Organic Standards  |  RSS feed |  Respond  |  Trackback