Lead Exposure Claims: Proactive Strategies for Effective Resolution
DynCorp's 'Strategic' Defense In Drug Crop Spraying Suit
The German Federal Supreme Court issued its first ruling on “climate neutral” claims for consumer products: The simple claim that a product is “produced climate-neutrally” is too vague and constitutes misleading advertising....more
HoldOn makes trash bags that are certified by the Biodegradable Products Institute (“BPI”) and TÜV Austria as compostable in commercial and home composting settings. The company advertises that the bags are great for trash,...more
Last week, we posted about an NAD decision that provides some helpful guidance for advertisers who want to use the word “clean” to describe their products. One day later, a New York federal court issued a decision in another...more
New York Attorney General Letitia James has filed a lawsuit against JBS USA Food Company and JBS USA Food Company Holdings (“JBS”), subsidiaries of a Brazilian company, the world’s largest beef and poultry producers, for...more
The EU is stepping up its fight against greenwashing and empowers consumers for the green transition with a new Directive on empowering consumers for the green transition through better protection against unfair practices and...more
Is a product recyclable if it is made of recyclable materials? Or is it recyclable when it can be recycled by waste management facilities? Last month, the United States District Court for the Northern District of California...more
The legislators, regulators and consumers’ focus on products and their impact on the environment is nothing new. What is new however is the variety of products now being considered as within the scope of laws aimed at...more
As we anxiously await the Federal Trade Commission’s (FTC) update of the Green Guides, advertisers should keep in mind the various “green” state laws that could affect the production and marketing of certain products. For...more
For the first time since 2012, the Federal Trade Commission (FTC or Commission) is actively evaluating potential updates to its Guides for the Use of Environmental Marketing Claims (Green Guides or Guides) to provide clarity...more
The FTC will likely update Green Guides provisions, impacting corporate decision-making in marketing and throughout the value chain. Latham & Watkins is pleased to present a series of Clients Alerts on environmental,...more
Consumers seem to want to buy products made from sustainable materials or made in sustainable ways. At least, companies seem to think that’s what consumers want, as they continue making claims about how environmentally...more
On May 23, 2023, the Federal Trade Commission hosted a national workshop designed to consider the current state of recycling practices and recycling-related advertising. This follows an FTC announcement in December 2022 that...more
As consumers actively seek more environmentally friendly products and services, companies have increased “green” advertising efforts to highlight eco-friendly claims and certifications related to carbon emissions, renewable...more
This week, the FTC held its Talking Trash at the FTC workshop, a four-hour event intended to examine “recyclable” claims in ads. We’ve sifted through some of the trash and pulled out a few things worth noting....more
Abraham Lizama purchased a turquoise sweater from H&M’s “Conscious Choice” collection, a line of clothing “created with a little extra consideration for the planet” which generally include “at least 50% of more sustainable...more
The US Federal Trade Commission (FTC)’s Green Guides focused on “greenwashing” before it was en vogue. Originally issued in 1992 and revised in 1996, 1998, and 2012, the FTC designed the guides to help companies avoid making...more
Consumers are increasingly conscious of how the products they buy impact the environment. Due to this heightened focus on environmental issues, consumer-facing companies frequently highlight the environmentally friendly...more
Over the past several years, companies across the globe have seen an increasing demand for green and sustainable products and services. This demand has resulted in the rise of “green branding”. Green branding is where a...more
On the heels of the FTC’s announcement that it plans to revise its Green Guides in the coming months, challenges to environmental claims are increasing across many venues. Recent NAD decisions and newly proposed consumer...more
This past week, the internet lit up over whether it was okay for President Biden and the First Lady to order the same dish at the Red Hen. In this issue, we invite you to read the February highlights on clean labeling false...more
Late last year, the Federal Trade Commission (FTC) announced it was examining the Guides for the Use of Environmental Marketing Claims, better known as the Green Guides. Consumer and industry interest in green marketing is...more
The Federal Trade Commission (FTC) will host a workshop on May 23, 2023, to examine “recyclable” adverting claims as part of its review of the Guides for the Use of Environmental Marketing Claims (Green Guides). The workshop,...more
What’s Happening? The U.S. Federal Trade Commission (FTC) has requested comment on whether to retain, modify or rescind the Green Guides, which were originally issued in 1992 and last revised in 2012. Comments are due April...more
Over the past few years, environmental, social and governance (ESG) issues have moved to the center of American discourse. Late last year, the Federal Trade Commission (FTC) joined the conversation when it published a Notice...more
Companies interested in the scope of environmental marketing claims and mitigating potential litigation risks should act fast as the window for comments is closing soon. Latham & Watkins presents a blog series on the...more