FTC Announces Proposed Revisions to "Green
Guides"
On Oct. 6, 2010, the Federal Trade Commission (FTC) announced
proposed modifications to its "Green Guides," guidelines
originally issued in 1992 to help marketers avoid making misleading
environmental claims. The proposed changes include new guidance on
product certifications and seals of approval, renewable energy
claims, renewable materials claims, and carbon offset claims.
Public comments on the proposed changes will be accepted until Dec.
10, 2010.
Public Statements May Give Rise to Antitrust Liability
A federal district court recently ruled that statements made
during earnings calls in response to analysts' questioning may
give rise to a Sherman Act Section 1 claim, at least when coupled
with a relatively quick response by competitors. In In re Delta/AirTran Baggage Fees,
allegations that Delta and AirTran had signaled their intention to
impose first-bag fees when, for example, AirTran publicly stated
