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FTC Strikes Again—Company Found to Make False and Misleading Biodegradable Claims. As discussed below, all these cases, and the related guidance documents that FTC has issued, telegraph to the business community FTC's keen interest in ensuring compliance with FTC's recently revised Guides for the Use of Environmental Marketing Claims (Green Guides). Under the revised 2012 version of the Green Guides, the FTC set forth its view that “[i]t is deceptive to make an unqualified degradable claim [which includes “biodegradable”] for items entering the solid waste stream if the items do not completely decompose within one year after customary disposal.” 16 C.F.R. A full text of the Federal Trade Commission’s GUIDES FOR THE USE OF ENVIRONMENTAL MARKETING … Indeed, nearly every indust General Environmental Benefit Claims Marketers should not make broad, unqualified general environmental benefit claims like "green" or "eco-friendly." The Green Guides were issued to help marketers ensure that the claims they are making are true and substantiated. FTC’s Green Guides Apply to Claims Regarding the Environmental Benefits of Simulated and Laboratory-Created Diamonds. The FTC 2012 Green Guides is a resource designed to help companies avoid making environmental marketing claims that are unfair, or deceptive, under Section 5 of the FTC Act. ... Oxo-biodegradable resin, which has been making some inroads in container applications, is now beginning to be seen in closures. Green Guides Environmentally Friendly Products: FTC’s Green Guides A growing number of American consumers are looking to buy environmentally friendly, “green” products, from recycled paper to biodegradable trash bags. The law requires these “eco-friendly” or “green” claims to be truthful, and the FTC’s Green Guides tell businesses how to comply with the law when they make environmental claims. ... and/or is biodegradable, so you should provide specific information about what the renewable materials are, how it fits the definition of renewable, and its sourcing. Many companies make claims and design packages that promote their products as safe for people or the environment. The law requires these “eco-friendly” or “green” claims to be truthful, and the FTC’s Green Guides tell businesses how to comply with the law when they make environmental claims. The 2 012 Green Guides make minor changes to some provisions in the Prior Green Guides, by providing additional clarification and more specific guidance as to the use of three of the most fre - quently encountered green claims—that products are “environmentally friendly,” “biodegradable,” 1. The FTC Green Guides: What you need to know. Bioplastics Simplified: Attributes of Biobased and Biodegradable Products Green Chemicals Blog. Changes to the “Green Guides,” proposed by the Federal Trade Commission (FTC), Washington, DC, would help consumers evaluate environmental claims and provide assurances that claims are factual. The FTC first issued its Green Guides in 1992 to help marketers avoid making misleading environmental claims. It revised the Guides in 1996 and 1998, and proposed further revisions in October 2010 to take into account recent changes in the marketplace. FTC’s Green Guides Apply to Claims Regarding the Environmental Benefits of Simulated and Laboratory-Created Diamonds. Based on the FTC Green Guides, this glossary developed by J. Ottman Consulting provides a clear breakdown of the various terminologies used in sustainability communications, including when to use "biodegradable" vs other terms such as "compostable", "renewable", "natural", or "biobased". The Green Guides also provide instruction and interpretations of marketing buzz words that were popular in 1998, such as “biodegradable,” “compostable,” “recyclable,” “refillable,” and “ozone safe.” gDiapers prides … Companies have responded with “green” marketing touting the environmental benefits of what they’re selling. “Green Guides.” The “Green Guides” The FTC, which monitors deceptive advertising, published the first “Guides for the Use of Environmental Marketing Claims,” also known as the “Green Guides,” in 1992. If you have any questions about BioBag products and our environmental claims, feel free to contact us at any time. ... directly or by implication, that a product or package is degradable, biodegradable, oxo-degradable, oxo-biodegradable, or photodegradable. Biodegradable The Green Guides state that it is deceptive to make an unqualified degradable claim unless the entire product will “completely break down and return to nature . FTC Green Guides: Biodegradable Glossary Sustainable Brands. § 260.8 (c) (2014) (emphasis added). . ... directly or by implication, that a product or package is degradable, biodegradable, oxo-degradable, oxo-biodegradable, or photodegradable. § 45. BERGESON & CAMPBELL, P.C. Many companies make claims and design packages that promote their products as safe for people or the environment. ... Biodegradable plastic additives work differently and BioSphere has tailored their product for rapid decomposition in natural and unnatural environments. The Green Guides can also help you set an honest and transparent sustainability marketing strategy. The FTC’s Green Guides outline the proper use of environmental claims, which protect consumer interests and make it easier for marketers to avoid legal headaches. info@biobagusa.com or 727-789-1646. Part of the impetus behind the creation of the Green Guides was the recognition of the following trends: (1) consumers would An example of an acceptable claim would be, “Made from 100 percent rapidly renewable bamboo grown in China The FTC will carefully scrutinize biodegradability claims because of concerns that such claims could be misleading or deceptive. Claims that products are environmentally friendly, organic or all-natural are ubiquitous in promotional materials. § 260.1 Purpose, Scope, and Structure of the Guides. Under the revised Green Guides, marketers may only make unqualified biodegradability claims if they can substantiate that the entire product or package will completely breakdown within one year after customary disposal. A few weeks ago, the Federal Trade Commission (FTC) announced enforcement actions against five companies making deceptive claims for biodegradable plastics, marking the FTC’s first action against biodegradable plastic claims since publishing their recently revised Green Guides. Marketers should qualify general claims with specific environmental benefits. The Federal Trade Commission’s (“FTC”) Guides for the Use of Environmental Marketing Claims (the “Green Guides”) set federal guidance for businesses to … ... 2015. ... 2015. October 3, 2012 PRINT. Under the revised 2012 version of the Green Guides, the FTC set forth its view that “ [i]t is deceptive to make an unqualified degradable claim [which includes “biodegradable”] for items entering the solid waste stream if the items do not completely decompose within one year after customary disposal.” 16 C.F.R. They do not confer . O Marketers should qualify general claims with specific environmental benefits. Having recently published its revised “Green Guides” to assist companies who make “green claims” in their product marketing, the Federal Trade Commission (FTC) recently announced six new enforcement actions that shed light on what the agency considers to be acceptable “biodegradable” claims for paper and plastic products. ASTM D6400 conservatively requires that the biodegradation be achieved within six months, which is one-half of the one year allowed by the proposed The final revised Green Guides largely reflect the revisions the FTC posed in … Federal Trade Commission ("FTC") Green Guides as published in 16 CFR Part 260, Project No. gDiapers is a Portland, Oregon-based diaper company offering mums and dads a diaper insert that is flushable, home-compostable and plastic-free. Broad claims are difficult to substantiate, if not impossible. Green Certifications. 2 Given the Biden administration’s focus on climate and sustainability, companies should revisit claims they make to consumers, and, when doing so, use the Green Guides as a critical … When a marketer … The FTC's "Guides to the Use of Environmental Marketing Claims," or "Green Guides," are the most frequently cited source of guidance for green marketing in the U.S. 16 C.F.R. Under the revised 2012 version of the Green Guides, the FTC set forth its view that “ [i]t is deceptive to make an unqualified degradable claim [which includes “biodegradable”] for … ... More information regarding the Green Guides is available in our October 3, 2012, memorandum, "FTC Releases Revised Green Guides." The guides help marketers avoid making environmental marketing claims that are unfair or deceptive under Section 5 of the FTC Act, 15 U.S.C. In terms of labeling a product as “biodegradable,” the FTC states that the product it must “completely break down and return to nature” within one year for such a term to apply. P954501. The FTC 2012 Green Guides is a resource designed to help companies avoid making environmental marketing claims that are unfair, or deceptive, under Section 5 of the FTC Act. § 260 et seq. FTC Green Guides Aid in developing standards for Green Claims. My wife and I moved from Sydney, Australia to Portland, Oregon in 2004 to launch the company. The Green Guides contain specific advice as to many common environmental marketing buzzwords, such as claims that products are “recyclable,” “compostable,” “biodegradable” or “renewable.”. (a) These guides set forth the Federal Trade Commission’s current views about environmental claims. FTC Strikes Again—Company Found to Make False and Misleading Biodegradable Claims. Certifications such as (BPI) should disclose any material connections to the certifying organizations. environmental claims. The guides help marketers avoid making environmental marketing claims that are unfair or deceptive under Section 5 of the FTC Act, 15 U.S.C. § 45. They do not conferany rights on any person and do not operate to bind the FTC or the public. The Commission, Biodegradability protects the environment by showing that the material will not accumulate over time when the compost is applied to soil. The FTC has brought several actions in recent years related to deceptive recyclability, biodegradable, bamboo, and environmental certification claims as part of its overall effort to ensure that environmental marketing is truthful … Everyone is green these days, or so it seems. Rule Summary. Compost as a soil amendment is typically applied once per year. The Federal Trade Commission (FTC) has released the final revisions to its “Green Guides,” which constitute the commission’s guidance for making claims about the environmental benefits of a product in a manner that is not deceptive under Section 5 of the Federal Trade Commission Act. FTC Releases Revised Green Guides. Eco-Friendly and Green Marketing Claims. The Green Guides were issued to help marketers ensure that the claims they are making are true and substantiated. The guidance they provide includes: general principles that apply to all environmental marketing claims; how consumers are likely to interpret particular claims and how marketers can substantiate these claims; and Background. Main Office West Coast Office . May 24, 2016. within a reasonably short period of time after customary disposal.” September 23, 2015. On October 1, 2012, the Federal Trade Commission (FTC) released the long-awaited revised Guides for the Use of Environmental Marketing Claims (Green Guides). according to the ftc, through its recent marketing practices, ajm violated a july 19, 1994, commission consent order that barred it from representing that any product or package is degradable, biodegradable, or photodegradable unless it had competent and reliable scientific evidence to substantiate the claims.the order defines the terms … The guidance they provide includes: general principles that apply to all environmental marketing claims; how consumers are likely to interpret particular claims and how marketers can substantiate these claims; and. By Martha Wampler. May 24, 2016. Qualifications for any claims should be clear, prominent, and specific. As new parents ourselves at that time, we felt strongly that there had to be a better way than the current choice of diapers. Summary of the Green Guides General Environmental Benefit Claims O Marketers should not make broad, unqualified general environmental benefit claims like ‘green’ or ‘eco-friendly.’ Broad claims are difficult to substantiate, if not impossible. Revisions, it will take place in the timeframes required by biodegradable species in today's much . September 23, 2015. Recent FTC enforcement of “Green Guides” challenges marketers’ reliance on ASTM test data for biodegradable claim Greenbaum, Rowe, Smith … The Federal Trade Commission’s (“FTC”) Guides for the Use of Environmental Marketing Claims (the “Green Guides”) set federal guidance for businesses to help navigate these issues. in october 2012, the green guides, which function as ftc’s non-bonding enforcement guidance for environmental marketing claims, underwent significant revisions, adding a statement that companies making unqualified “degradable” or “biodegradable” claims about a product should be able to substantiate that the entire product will break down after … The "good example" shows that including the words "Biodegradable, Recyclable, Compostable" provides specificity to the company's claims. In general, the Guides establish that false or deceptive environmental marketing claims can be challenged under the FTC Act. Claims that products or packaging are biodegradable have been the subject of enforcement actions, proposed bans, and now, new regulation under the Green Guides.

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