In re Federal Trade Commission Environmental Marketing Guidelines
- Case Date: 12/10/2010
- Project Name: Environmental Law Project
On December 10, 2010, WLF filed formal comments with the Federal Trade Commission (FTC), urging it to revise its proposed guidelines governing environmental claims contained in promotional materials issued by marketers. WLF took particular issue with the FTC’s blanket prohibition against unqualified general environmental claims (such as a claim that a product is “green”). WLF argued that such claims qualify as acceptable “puffery” and are unlikely to deceive any consumers because such claims imply no specific attributes of the advertised product. So long as a marketer can demonstrate that its product has some attribute that makes it environmentally superior to competing products, it has a First Amendment right to claim that its product is “green” or “eco-friendly,” WLF argued. At the same time, WLF applauded the FTC for providing clearer guidance to marketers and for establishing standard definitions for some inherently vague terms (such as “recyclable”).
|Awaiting FTC response.|
More Information and Downloads:
12/10/2010: Download the Comments