FTC Proposes Revised "Green Guides" for Environmental Marketing

Originally published in The Climate Report, Fall 2010.

The Federal Trade Commission issued proposed updates to its Guides for the Use of Environmental Marketing Claims, also known as the "Green Guides," on October 5, 2010. This update, the first since 1998, addresses the use of claims in advertising regarding a product's alleged environmental benefits, including claims regarding carbon offsets and renewable energy.

The Green Guides do not carry the force of law, but failure to follow their principles could result in an enforcement action by the FTC alleging a deceptive trade practice. Some believe the Obama administration has been more aggressive than the Bush administration in this regard, for example by bringing enforcement actions against manufacturers claiming environmental benefits related to the use of bamboo fibers.