The Federal Trade Commission is beginning to take enforcement actions against companies that greenwash their products.
Since 1996, the FTC, through its “Guides for the Use of Environmental Marketing Claims” (also known as the “Green Guides”), has monitored advertising claims about green products. However, it hasn’t been until recently that they have begun to actively enforce the Green Guides.
With the tremendous rise in green marketing claims over the last few years, it really isn’t surprising that the FTC is just now (after an 8 year drought of any Green Guides claims) starting to crackdown on greenwashing.
The Green Guides impose on product makers the obligation to obtain scientifically valid information supporting any claims before making them. Although obtaining scientifically valid supporting information for green claims seems like the first step any company would make before it markets its product as green, the growing popularity of sustainable products may lead some companies over-exaggerate the “greenness” of their products.
For example, last year, sanctions were brought against K-Mart for the marketing and sale of paper plates and shrink-wrap as “biodegradable,” when in fact it took the products a longer time to biodegrade than what is generally acceptable.
In “Part II” of this post I will outline what types of punishment the FTC can hand down for violations of the Green Guides. Needless to say, it can be rather harsh. Therefore, it is important for any companies out there that are thinking about marketing their products as green, to do the legwork and get valid scientific support before making any green claims.
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