Latest Cases From The NAD On Environmental Claims Provide Helpful Practice Tips For Marketers

From consumer goods to cutting-edge industries like blockchain and crypto, consumers want more environmentally-friendly solutions. And advertisers, in response, are rushing to tout their sustainability-focused corporate missions and product solutions. In recent decisions, Butterball, Georgia-Pacific, and Everlane, the National Advertising Division (NAD) of BBB National Programs provided useful and detailed guidance on how advertisers can support sustainability claims and avoid making unqualified general environmental benefit claims that could mislead consumers.

In addition to marketing lawyers, brand owners and trademark counsel alike should also be on the lookout for overreaching environmental marketing claims. Taglines, word marks, and even logos (e.g., including imagery creating the impression that a product is more sustainable) may contain environmental advertising claims that, unless substantiated, may land the brand in a class action, NAD, or Federal Trade