Oct 17, 2012

Federal Trade Commission Releases its Revised #Green Guides for #Environmental #Marketing Claims

Paint.org - The Federal Trade Commission (FTC) on Oct. 1 released its revised Green Guides, designed to help companies avoid false or misleading environmental marketing claims. A few of the significant changes to the Green Guides include expanded “free-of” claims and “certifications and seals of approval” sections that illustrate when such environmental product claims may be made.

ACA is analyzing the revised FTC Green Guides to determine the impact it will have on environmental claims and green certifications. Once complete, ACA will provide a comprehensive review of the Green Guides to its membership.  ACA also intends to host a Virtual Learning Conference for the membership in the next few months that will discuss the revisions to the guide and provide an opportunity for members to ask questions regarding the update. 

The Green Guides provide both general and specific advice to marketers. Of note, FTC can take legal action against marketers that make environmental or green product claims that are inconsistent with the Green Guides.

In addition to including updates to the existing guides, this version contains several new sections “on the use of carbon offsets, ‘green' certifications and seals, and renewable energy and renewable materials claims.”

Under the revisions, FTC cautions that certifications and seals of approval may be endorsements, and must adhere to the provisions of FTC's Endorsement Guides. Essentially, marketers should disclose any material connections to the certifying organization, i.e., those that could affect the credibility of the endorsement.

The revised Guides also address “free-of” claims, that is, proclamations that a product does not contain a specified substance or substances. The Guides explain that marketers can make a “free-of” claim for a product that contains some amount of a substance if:

-the product does not have more than trace amounts or background levels of the substance;
-the amount of substance present does not cause harm that consumers typically associate with the substance; and
-the substance was not added to the product intentionally.

According to the guides, marketers who “claim that their product is non-toxic need competent and reliable scientific evidence that the product is safe for both people and the environment.”

The Green Guides are not subject to public comment.

The text of the Green Guides, as amended, is available at http://www.ftc.gov/os/2012/10/greenguides.pdf]http://www.ftc.gov/os/2012/10/greenguides.pdf

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