CHICAGO — When promoting your business’ “green” practices, be mindful that the FTC Act gives the Federal Trade Commission the power to bring law enforcement actions against false or misleading marketing claims, including environmental or “green” marketing claims.
The FTC has issued the Guides for the Use of Environmental Marketing Claims (“Green Guides”) to prevent the false or misleading use of environmental terms in product or service advertising and marketing and to reduce consumer confusion.
From the FTC website, here is the Commission’s staff’s view of the law’s requirements:
Substantiation — All marketers making express or implied claims about the attributes of their product, package or service must have substantiation—a reasonable basis for their claims. When it comes to environmental claims, competent and reliable scientific evidence may be required.