New Year, New Green Guide Review

On December 20, 2022, the Federal Trade Commission (FTC or the Commission) published in the federal register a Request for Comment seeking public input on potential updates to its Guides for the Use of Environmental Marketing Claims (Green Guides). The request marks the first step of the widely anticipated review of the Green Guides, and its timing was foreshadowed by the FTC at least twice in prior Federal Register notices, wherein the Commission stated it intended to initiate the update process sometime in 2022.

The request addresses a number of hot-button issues, such as: 1) updating specific definitions and guidance for popular environmental advertising and/or labeling claims like "recyclable," "compostable," and those relating to carbon offsets and climate change; 2) better understanding the landscape of green marketing, including changes in consumer perceptions and business realities; and 3) examining the need for enforceable federal regulations focused on