Consumers increasingly pay a premium for environmentally
friendly products. As a result, companies are expanding their green
marketing claims regarding products and packaging. Those companies
may find themselves under scrutiny from the regulatory body
overseeing environmental claims related to products, the Federal
Trade Commission ("FTC"). The FTC has become more
aggressive in enforcing its green regulations. To avoid becoming
the target of an FTC enforcement action, manufacturers should
look to the "Green Guides," which provide
guidelines for environmental marketing claims.
FTC Enforcement
In October 2013, the FTC instituted six enforcement actions for
allegedly false and misleading environmental claims. These actions
prove that companies should think twice before making aggressive
green marketing claims. Five of the six actions involve
biodegradable plastic claims. Essentially, the FTC argues that none
of the companies had reliable scientific evidence to
