In television, print, and Internet media alike, there has been a
recent surge in environmental marketing – advertising
that highlights the environmentally beneficial characteristics of
consumer products. Through environmental marketing, producers seek
to capitalize on increased consumer awareness of and demand for
environmentally friendly manufacturing practices and products,
including those, for example, that do not contain dangerous or
persistent chemicals, waste energy or other natural resources, or
contribute to climate change.
Any environmental marketing strategy, however, must dovetail
with the overlapping array of federal and state law that governs
environmental marketing claims. At the federal level, the Federal
Trade Commission ("FTC") has issued a set of guidelines
specifically targeted to environmental marketing claims –
the "Green Guides." The FTC is in the process of updating
the Guides to better address current environmental marketing
claims, such as