FTC Approves First Settlement Under Revised Green Guides

The Federal Trade Commission March 6, 2013, approved final orders C-4385 and C-4386 settling charges that two paint manufacturers made false and unsubstantiated claims that some of their paints contained zero volatile organic compounds (VOCs) after tinting. The cases are the first to apply the FTC's recently revised Green Guides, and while they deal with some unique properties associated with the marketing of the paints in question, they also provide useful guidance for anyone making environmental marketing claims, particularly "free of" claims.

VOCs are carbon-containing compounds that evaporate at room temperature, some of which can be harmful to human health and the environment. Many interior paints have contained VOCs. The companies subject to the orders marketed certain paints as containing "zero" VOCs. While this statement was true for uncolored base paints, it was not true of the paints once they were tinted, and most consumers only purchased tinted paints. The