News & Analysis as of November 17, 2024

Green Guides › False Advertising › Advertising

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The Green Guides are set of marketing guidelines issued by the United States Federal Trade Commission to prevent businesses from making misleading environmental claims in marketing and/or advertising and to... more +

The Green Guides are set of marketing guidelines issued by the United States Federal Trade Commission to prevent businesses from making misleading environmental claims in marketing and/or advertising and to provide businesses with proper standards for making such claims. less -

Let’s Just Be Friends: When “-Friendly” is More Than Mere Puffery

ArentFox Schiff on 6/19/2024

“Kid-friendly.” “Reef-friendly.” “Earth-friendly.” “Pet-friendly.” There’s no shortage of products that are marketed as being “-friendly.” There’s also no shortage of litigation that accuses products of not being as...more

Stay ADvised: 2024, Issue 5

Davis Wright Tremaine LLP on 3/8/2024

Huggies Diaper Evidence Not a Good "Fit" for #1 Claim, NAD Says - Huggies claimed its diapers were the #1 Best Fitting, a broad claim requiring broad evidence against the market—evidence that the National Advertising...more

California Court Cites FTC Green Guides, Allowing Plaintiff’s Challenge of Colgate Toothpaste Tubes “Recyclable” Claims to Proceed

Venable LLP on 3/4/2024

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

Advertising Law Issues: 2022 Look Back and 2023 Look Ahead

Kilpatrick on 1/6/2023

(a/k/a You can’t know where you’re going unless you know where you’ve been) - For proper business planning purposes, with the turn of the calendar, it’s a good idea to try to project where the world is going....more

AD-ttorneys@law - January 2023

BakerHostetler on 1/4/2023

FTC Opens Green Guide Revision for Public Comment - It’s the first revision in a new, environmentally panicked time - The Greatest Generation - The ’90s were an active decade for Federal Trade Commission (FTC)...more

Event in Review: 9th Annual Advertising Law Symposium

Venable LLP on 10/18/2022

On September 16, Venable’s Advertising and Marketing Group hosted its 9th Annual Advertising Law Symposium in Washington, DC. After a two-year hiatus due to the coronavirus pandemic, attendees were energized to convene in...more

"Sustainability" Marketing Claims: Consumers Will Infer What You Do Not Intend To Imply

Kilpatrick on 6/1/2022

A federal court recently held that a customer could sue ALDI, a national food retailer, for false advertising based on an on-pack claim for a salmon product that read: “Simple. Sustainable. Seafood.” The use of “Sustainable”...more

Green Guide Annual Review: Environmental False Advertising in 2017/2018

Foley Hoag LLP - Environmental Law on 4/17/2018

Earth Day is coming up on April 22, and you may be looking to capture some environmentally-minded consumers with nifty green-themed advertising campaigns. But before you do, remember that the Federal Trade Commission (“FTC”)...more

Advertising with Environmental Certifications and "Green" Seals of Approval

Stinson LLP on 4/19/2016

As consumer demand for eco-friendly, non-toxic, and sustainably-sourced products continues to rise, so does the use of environmental certifications on packaging and advertisements for virtually every kind of consumer product,...more

FTC Announces Red Light on Unqualified “Green Approved” Seals

Cozen O'Connor on 10/22/2015

Updated to clarify that this post is not about Green Seal, Inc. but the environmental seals or certifications warned against in a recent FTC update. Manufacturers of consumer products labeled with unspecified environmental...more

FTC: Warning Letters to Manufacturers of Dog Waste Bags Suggest They May Be in Deep Doo-Doo

Bergeson & Campbell, P.C. on 2/6/2015

For the dog lovers of the world, this one is for you. The Federal Trade Commission (FTC) recently sent "warning letters" to 20 manufacturers and marketers of dog waste bags that dog owners, walkers, and conscientious others...more

Wait for the "Green" Light Before Making Environmentally Friendly Claims

Foley & Lardner LLP on 11/20/2014

Consumers increasingly pay a premium for environmentally friendly products. As a result, companies are expanding their green marketing claims regarding products and packaging. Those companies may find themselves under...more

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