This Press Release was originally published on the Federal Trade Commission Exchange website.
On December 14, 2022, the Federal Trade Commission announced it is seeking public comments on potential updates and changes to the Green Guides for the Use of Environmental Claims. The Commission’s Green Guides help marketers avoid making environmental marketing claims that are unfair or deceptive under Section 5 of the FTC Act. The Commission seeks to update the guides based on increasing consumer interest in buying environmentally friendly products. The public comment period originally was set to expire on February 21, 2023.
At the request of several interested parties, the Commission has extended the public comment period for 60 days, until April 24, 2023. Information about how to submit comments can be found in the Federal Register notice announcing the extension.
The Commission vote approving extension of the public comment period was 4-0.
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Press Release Reference
My Take
The FTC last updated their “Green Guides” in 2012, and for those of you who are unfamiliar, they provide guidance for marketers to avoid greenwashing. As mentioned above, the FTC has extended the public comment period, and below you will find what the FTC intends to update and why they are seeking public comment:
“Carbon Offsets and Climate Change: The current Guides provide guidance on carbon offset and renewable energy claims. The Commission invites comments on whether the revised Guides should provide additional information on related claims and issues.
The Term “Recyclable:” Among other things, the FTC seeks comments on whether it should change the current threshold that guides marketers on when they can make unqualified recyclable claims, as well as whether the Guides should address in more detail claims for products that are collected (picked up curbside) by recycling programs but not ultimately recycled.
The Term “Recycled Content:” Comments are requested on whether unqualified claims about recycled content – particularly claims related to “pre-consumer” and “post industrial” content – are widely understood by consumers, as well as whether alternative methods of substantiating recycled content claims may be appropriate; and
The Need for Additional Guidance: The Commission also seeks comment on the need for additional guidance regarding claims such as “compostable,” “degradable,” ozone-friendly,” “organic,” and “sustainable, as well as those regarding energy use and energy efficiency.
I think updating the Green Guide is long overdue and here is my take. Due to the relatively rapid advancement of greenhouse gas accounting (carbon footprint), the language and definitions of claims such as “carbon neutral” and “net-zero” have changed, so it makes sense that they would want to more clearly define what it means to achieve carbon neutrality vs. net-zero. In my opinion, a company should not be able to make a “carbon neutral” claim, unless they are a small-to-medium enterprise (less than 500 employees), have measured their Scope 1, 2 & 3 GHG emissions, have a plan to reduce their emissions, and purchase credible carbon offsets for Scope 1, 2 & 3 GHG emissions.
Additionally, it has become clear over the last ten years that much of what is labeled as “recyclable” is very much dependent on capabilities of the recycling facility in a geographic location. In other words, just because something is recyclable in one location doesn’t mean it is recyclable in another. Similarly, there have been a number of new products entering the market claiming to be compostable, and that is debatable depending on the product and how long it takes to break down.
Overall, it is good that the Green Guides are being updated and if your company is nervous about greenwashing or even green hushing, you can trust that Emerger Strategies is staying current and updated and can help you with your sustainability marketing and communication plans.