Is Your Product Really "Non-Toxic" Or "Biodegradable"? The FTC Weighs In.

Over the course of the past decade, and the past year in particular, the consumer products industry has seen an uptick in class action lawsuits challenging environmental marketing claims, including claims on product labels or packaging that products are "non-toxic," "biodegradable," "recyclable," and/or "compostable." These lawsuits question the level and quality of evidence behind these environmental marketing claims and assert that consumers are being deceived. At the same time, the Federal Trade Commission (FTC) is revisiting its Guides for the Use of Environmental Marketing Claims¹—better known as the "Green Guides"—for the first time in over a decade, with public comment having closed on April 24, 2023.