This week, the U.S. Federal Trade Commission (FTC) announced that it has sent warning letters to five marketers of environmental certifications and seals, as well as over 30 product companies displaying those certifications, citing concerns that the certifications failed to comply with the agency’s Guides for the Use of Environmental Marketing Claims (“Green Guides”). The Green Guides are part of the FTC’s commitment to ensure that marketing statements referencing environmental attributes are truthful and not misleading. Please see our prior client alerts regarding the history of the Green Guides from 2010 and 2012.

The warning letters are a reminder that “green” marketers should ensure that any marketing statements referencing environmental attributes are accompanied by prominent qualifying language that limits the claim to a specific benefit or benefits.