Federal Trade Commission To Seek Comment On Green Guides

First issued in 1992 and most recently updated in 2012, the FTC's "Green Guides" are a series of written guidance and recommendations to any company wishing to advertise about the environmental attributes of products and services. The Guides set forth "1) general principles that apply to all environmental marketing claims; 2) how consumers are likely to interpret particular claims and how marketers can substantiate these claims; and 3) how marketers can qualify their claims to avoid deceiving consumers." The FTC has applied the principles in the Guides in a variety of enforcement cases, and the Guides are very frequently cited and relied on by private litigants as well.

Last week, the Commission announced that it would be soliciting comments on potential updates to the Guides, beginning in mid-January 2023, for a 60-day period. Among the topics likely to attract comment are the following: