FTC Requests Public Comment On Potential Green Guides Updates

The Federal Trade Commission ("FTC") is soliciting comments regarding the efficiency, costs, benefits, and regulatory impact of its Guides for the Use of Environmental Marketing Claims ("Green Guides").

On December 14, 2022, the FTC announced that it is seeking public comment to determine whether to retain, modify, or rescind the Green Guides. The Green Guides address the applicability of section 5 of the FTC Act to environmental advertising and labeling claims. Originally issued in 1992, and intended to provide guidance that helps marketers avoid potentially unfair or deceptive environmental claims, the Green Guides were last revised in 2012.

In its announcement, the FTC indicates that it hopes to ensure that the Green Guides reflect changes in the marketplace and consumer perception over time. In particular, the FTC notes that public attention to environmental concerns, in part spurred by recent hot topics such as COVID-19 and climate change, has increased