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ARTICLE · 03 JULY 2023

Aspirational Green Claims: NARB Finds Net Zero Claims Unsupported

Davis+Gilbert LLP
Davis+Gilbert LLP
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Davis+Gilbert LLP

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Environmental marketing remains a priority for regulators, self-regulators and the class action bar. As the Federal Trade Commission (FTC) continues its process of reviewing and potentially...

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The Bottom Line

  • A recent decision from NARB helps illustrate the fine line between a feasible plan to achieve an environmental goal, and the exploratory stages of an aspirational effort.
  • Environmental marketing claims continue to present risk and may lead to challenges – companies must ensure that express and reasonably implied claims are true and supported.
  • Most importantly, NAD's aggressive enforcement of environmental claims is supported by NARB. So, the expectation is: more cases are coming.

Environmental marketing remains a priority for regulators, self-regulators and the class action bar. As the Federal Trade Commission (FTC) continues its process of reviewing and potentially revising the Green Guides, we are paying close attention to self-regulatory decisions, as they may inform FTC guidance and guide business decisions.

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