FTC Seeks Public Comment on Updates to its “Green Guides” for Use of Environmental Advertising Claims

On December 14, 2022, the Federal Trade Commission (FTC) announced that it is seeking public comment on potential updates and changes to the Green Guides for the Use of Environmental Claims. The Commission’s Green Guides help marketers avoid making environmental marketing claims that are unfair or deceptive under Section 5 of the FTC Act. The Commission seeks to update the Guides based on increasing consumer interest in purchasing sustainable products.

As part of the notice, FTC has not issued any specific amendments or planned changes to the Green Guides for public comment. Instead, the FTC is asking the public for generalized comments within a nineteen-question framework. The framework includes multiple questions indicating the possibility of potentially broad modifications; moreover, the final question asks if the FTC should consider a rulemaking related to deceptive or unfair environmental claims, on par with its dual strategy in other FTC deceptive marketing claims areas, including specific areas with the FTC Endorsement Guides.  

The framework seeks comments regarding 1) the need for the guides, 2) their economic impact, 3) their effect on the accuracy of environmental claims, 4) their interaction with other environmental marketing regulations, and 5) evidence of consumer perception of environmental claims.  Also included, the FTC provided twelve specific claim terms where it expects to receive comments, including: 1) carbon offsets and climate change, 2) compostable, 3) degradable, 4) ozone-safe, 5) recyclable (two issue areas), 6) recycled content (three issue areas), 7) energy use and efficiency, 8) organic, and 9) sustainable.

Given the list, recyclability claims appear to be a key focus;  the notice seeks to address issues such as whether the FTC should distinguish between products that may be collected for recycling vs. products that are collected and ultimately recycled, as well as consumer understanding of unqualified recycled content claims (for example, “pre-consumer” or “post industrial”).

The Green Guides notice is expected to be published in the Federal Register in mid-January.  Once the notice is published, comments will be due within sixty days. 

Interested in learning more about the FTC Green Guides? Contact Alison Pepper, 4A’s Executive Vice President of Government Relations and Sustainability.