Verdant Law PLLC: Green Marketing Compliance Lawyer & Attorney
“Green Marketing,” “Green Procurement,” “Environmentally Preferable,” and “Ecolabels”: The popularity of these terms reflects the public’s growing environmental consciousness and its concomitant demand for “environmentally preferable” or “green” products and services. Companies and governments are responding to this demand. Green marketing claims and green procurement programs abound. However, there are important regulations and legal standards defining acceptable marketing behavior, and stakeholder scrutiny of marketing claims is on the rise. Companies that comply may reap significant benefits while avoiding reputational harm and potentially costly legal proceedings. Never before has it been as important as it is today to understand and comply with the applicable legal requirements.
Marketing claims are the subject of laws, regulations, guidance, and voluntary standards in the United States and abroad. In the United States, the Federal Trade Commission (FTC) is the primary federal agency regulating green marketing claims. The FTC enforces the Federal Trade Commission Act (FTC Act) and has published the “Guides for the Use of Environmental Marketing Claims” to help companies comply with the Act’s requirements. The FTC’s guidance has been incorporated into, or has the potential to influence the interpretation of, state false advertising laws that also may be used to regulate marketing claims. In addition, industry self-regulatory organizations, standardization bodies, such as the International Organization for Standardization (ISO), and third-party certification organizations, are actively issuing guidance and may be offering other services, such as dispute resolution or the licensing of proprietary “eco-labels,” which can help define and ensure acceptable marketing behavior.
With the proliferation of marketing claims and the increased potential for public confusion, the amount of regulatory and enforcement activity will rise. The FTC is currently updating its guidance and has recently initiated a number of enforcement actions. Governments in states and other countries may pursue similar actions to protect consumers. Moreover, as general awareness of the standards and laws increases, companies may see their customers and competitors scrutinizing products and publicly challenging or reporting questionable marketing practices, or even bringing private legal action for damages. Therefore, premarket review of claims has become a critical step in the product development process, one that is often best informed by a multidisciplinary team of lawyers, product stewards, marketing specialists, product development specialists, and others.
The assistance of competent legal counsel will help you achieve compliance, minimizing the risk
- Don’t Let Skepticism Stifle Green Marketing (adage.com)
- FTC Approves 90-Day Extension for Trustee in Tops Markets Matter to Sell Former Penn Traffic Supermarket in Bath, New York (ftc.gov)
- Forbearance from FTC Enforcement (realtyevolved.net)
- The Evolving Legal Landscape of Employee Social Media Policies and FTC Regulatory Compliance (growmap.com)
- When Does Green Marketing Become Greenwashing? (thinkup.waldenu.edu)
- FTC Continues to go after direct marketers – Regardless of compliant disclosures (shoemoney.com)