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ARTICLE · 31 MAY 2023

What Will The FTC Do With Recycling?

Katten
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The FTC is in the process of updating its venerable Green Guides, which "govern" environmental marketing claims in the United States. A big part of the Guides are its sections on Recycling Claims...

United StatesMedia, Telecoms, IT, Entertainment

The FTC is in the process of updating its venerable Green Guides, which "govern" environmental marketing claims in the United States. A big part of the Guides are its sections on Recycling Claims, which deal with whether and how marketers can claim products or packages they sell are "recyclable." The Guides currently create three tiers of permissible claims. If the item is accepted for recycling in 60% or more of communities where it is sold (a so-called "substantial majority" of communities), the marketer may make an unqualified claim that the product is recyclable. If it is between 25 and 60%, the marketer may make a qualified claim, and if it is less than that, the marketer should make a heavily qualified claim.

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