The Federal Trade Commission (“FTC”) recently announced that it will be reviewing its environmental marketing guidelines (the “Green Guides”). The FTC is conducting this review a year before the Green Guides were scheduled for revision in light of the increased marketing of environmental product and packaging features by businesses, and the use of new types of environmental or “green” advertising claims that are not covered by the current Green Guides.
As an initial step, the FTC will hold a workshop on January 8, 2008, in which it will examine the marketing of carbon offsets and renewable energy certificates (“RECs”). Businesses are encouraged to participate through the workshop itself or via written comments, as contributions to this and future workshops will likely guide FTC enforcement actions.
Kelley Drye's Advertising Law Practice Group has prepared a client advisory, which provides a discussion of the Green Guides, the FTC’s proposed review, the upcoming FTC workshop, and factors to consider when making certain environmental claims.