The Federal Trade Commission ("FTC") has proposed revisions to its Guides for the Use of Environmental Marketing Claims, better known as the "Green Guides."  The Guides provide guidance — they are not mandatory, although they are issued pursuant to Section 5(a) of the FTC Act and subject to enforcement actions — to companies that wish to market their products as "environmentally friendly" in some way.  The guidance includes general principles applicable to all green claims, as well as specific guidance on certain claims.  The revisions update guidance on claims already addressed in the Guides, as well as include guidance on claims not previously addressedComments on the proposed Green Guides are due December 10, 2010. 
 
The Green Guides were first issued in 1992, in response to an explosion of green marketing.  The Guides were subsequently revised in 1996 and 1998, but have not been revised since.  In 2007, the FTC announced its intention to revise the Green Guides, and held a series of public workshopsResponding to stakeholder comments from these workshops and its own consumer perception study, the FTC has proposed Guides revising its general environmental claims, certifications and seals of approval, "degradable" claims, "compostable" claims, "ozone-safe/ozone-friendly" claims, "recyclable" claims, and "free-of/non-toxic" claims.  This more specific guidance should make it easier for companies to follow the guidance while also eliminating bogus claims.  The proposed Guides also provide guidance on the additional claims — "renewable energy," "renewable materials," and "carbon offsets" claims — which were not previously addressed.  The revised guidance is more in line with the green marketplace of today.  The FTC has summarized the proposed revisions here, and a more complete synopsis of the the revisions, prepared by Justin Prochnow of GT Denver, is available here

 
The renewed interest in the Green Guides has also brought a significant increase in enforcement actions brought by the FTC since 2007.  That trend should only continue with the release of the proposed revisions. 

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Photo of Caleb Holmes Caleb Holmes

Caleb’s practice focuses on complex environmental litigation and environmental compliance. Caleb has represented clients in state and federal courts and in administrative proceedings. In his environmental litigation practice, Caleb often represents corporate clients in cost recovery, contribution and government enforcement actions under Comprehensive

Caleb’s practice focuses on complex environmental litigation and environmental compliance. Caleb has represented clients in state and federal courts and in administrative proceedings. In his environmental litigation practice, Caleb often represents corporate clients in cost recovery, contribution and government enforcement actions under Comprehensive Environmental Response, Compensation, and Liability Act (CERCLA). Caleb has litigated such matters through trial and has also helped clients negotiate and settle matters. He has worked with clients on cases involving a wide variety of contaminants, including but not limited to PCBs, PFAS, and dioxins. Caleb also has broad experience litigating complex commercial litigation, including products liability and mass tort/toxic tort matters. He has a depth of experience with all aspects of discovery, including work with experts, taking and defending depositions, motion practice, trial preparation and settlement negotiation.

Caleb provides practical advice to clients in the acquisition and disposition of businesses and assets and the re-development of brownfield sites. He works with clients to achieve compliance with state-specific voluntary cleanup programs, including Pennsylvania’s Land Recycling Program (Act 2).

Caleb counsels clients on compliance with a broad range of federal and state environmental laws, including RCRA, the Clean Air Act, the Clean Water Act, and a host of other federal and state environmental laws.

In addition to his legal work, Caleb is active in various professional and civic organizations. He is currently serving as the Council’s Secretary for the Pennsylvania Bar Association’s Environmental and Energy Law Section.