Talking Trash At The FTC: Event Recap

This week, the FTC held its Talking Trash at the FTC workshop, a four-hour event intended to examine "recyclable" claims in ads. We've sifted through some of the trash and pulled out a few things worth noting.

• Substantial Majority Test: The Green Guides state that a company can make an unqualified "recyclable" claim, as long as a substantial majority – defined as 60% – of communities or consumers where a product is marketed have access to recycling facilities that will accept the material. We learned right up front that the FTC is particularly interested in whether it should take another look at the "substantial majority" test. No one recommended that the FTC change that threshold – and one audience member noted that doing so would cause confusion – so we don't suspect the FTC will do so, unless there is compelling survey data to suggest it is necessary. As we heard during the workshop, whether something will be accepted for recycling can vary from state-to-state