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The California Office of Environmental Health Hazard Assessment (OEHHA) yesterday released its explanation for withdrawing proposed “clarifications” to the Proposition 65 regulations governing internet sales.  Last January, OEHHA proposed what it considered to be modest clarifications to the safe harbor warning regulations, including provisions that would:

•  Specify that “internet sales” include purchases through mobile…

A recent NAD decision that focuses on detergent claims touches on some issues – including implied claims and disclosures – that are relevant to all advertisers. The decision covers a lot of ground, but we’ll focus on a few key points that translate across industries.

The front label of Tide’s Purclean bottle prominently features the…

Green Marketing PodcastAs we have written about extensively on this blog, consumers continue to grow more environmentally conscious and demand products that reflect this concern. To meet consumer demands and as part of social responsibility initiatives, companies are increasing their “sustainable” practices, recycling materials, upcycling other products, and working to reduce waste and environmental harms.  As…

Fashion Brands Continue Focus on Green MarketingTo celebrate the 50th Anniversary of Earth Day this week, we look at the increasingly pressing topic of green marketing in the fashion industry.  Recent studies have shown that environmentally conscious consumers continue to grow in number and demand products that have a reduced effect on the environment.  To meet this demand and as…

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The Federal Trade Commission announced last week filing of four consent decrees and an administrative complaint relating to companies selling various personal care products – shampoos, sunscreens, moisturizers – featuring claims such as “all natural” or “100% natural.”  The FTC alleges that these claims were false or misleading because all of the products at issue…

green_seals_verticalOn September 14, FTC staff sent warning letters to five providers of environmental certification seals and 32 businesses that display them online, alerting them to the agency’s concerns that the seals may be deceptive and may not comply with the FTC’s Green Guides.  Although the warning letters do not identify which certifiers, seals, or businesses…

On May 18, 2015, the FTC announced a settlement with Nice-Pak Products, Inc., concerning claims that its moist wipes are “flushable,” “break apart after being flushed,” and are “safe” for sewer and septic systems. Nice-Pak marketed and sold its flushable wipes primarily through private label brands, such as Costco’s Kirkland Signature Moist Flushable Wipes, CVS’s…

Decision Also Reiterates Appropriate Standards for Consumer Perception Surveys

On February 6, 2015, Chief Administrative Law Judge D. Michael Chappell announced his decision (“Initial Decision”) in the case of FTC vs. ECM BioFilms.  The Initial Decision rejects the FTC’s position codified in the FTC’s Guides for the Use of Environmental Marketing Claims (“Green Guides”) that

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