The FTC recently announced that it had reached a settlement with Down to Earth Designs, d/b/a gDiapers, regarding composition, biodegradability, compostability, and disposability claims featured on the company’s infant diaper products. gDiapers markets and sells baby wipes (gWipes), disposable diaper liners (gRefills), and reusable diaper shells (gPants). According to the FTC’s complaint, the company advertised
Green Marketing
FTC Announces Settlements on “No VOC” Claims
By Kristi Wolff on
The Federal Trade Commission (“FTC”) announced settlements with three mattress manufacturers last week that prohibit the manufacturers from making claims that their products are free from volatile organic compounds (“VOCs”) absent competent and reliable scientific evidence.
The companies involved – Relief-Mart, Inc., Essentia Natural Memory Foam Company, Inc., Ecobaby Organics, Inc. – are all alleged…
New Tips for Complying with the Green Guides
By Gonzalo E. Mon on
Posted in Green Marketing
In October, I posted an update on the FTC’s revised Green Guides. The Guides are designed to help marketers ensure the claims they make about the environmental benefits of their products are truthful and not misleading. Since then, Practical Law Company asked me to write a more detailed article about the Guides and what…
NAD Recommends an Advertiser Modify its Green Claims
By Gonzalo E. Mon on
Last month, the FTC issued a revised version of their Green Guides and a warning that they would closely scrutinize environmental claims. If you think the odds that the FTC will find your claims is low, you should remember that the FTC isn’t the only entity that can challenge you — your competitors can, too.
Environmental Claims – Summary of the Green Guides
By Kelley Drye on
The FTC provided a summary of their Green Guides available here.
FTC Issues Revised Green Guides
By Gonzalo E. Mon on
Yesterday, the FTC issued a revised version of their Green Guides that is designed to help marketers ensure that claims about the environmental benefits of their products are truthful and not misleading. In revising the Guides, the FTC modified and clarified existing sections and provided new guidance on claims that were not common when the…
EPA Fines Computer Keyboard Manufacturer for Making Unverifiable Antimicrobial “Public Health” Claims
By Joseph Green on
Posted in Advertising Law, Green Marketing
The U.S. Environmental Protection Agency (EPA) continues to emphasize enforcement against companies that market or sell products with unregistered claims of protection against disease-causing bacteria and other microbes. In a settlement announced September 28, 2011, EPA levied a fine of $261,000 against computer keyboard and mouse manufacturer, Logitech Inc., for making "unsubstantiated public health claims" about its products in violation of the Federal Insecticide, Fungicide, and Rodenticide Act (FIFRA).
Logitech incorporated into its products a widely-used silver-based additive manufactured by AgION Technologies Inc. that is registered with EPA as a product preservative. Products that incorporate such additives are allowed to claim protection against bacteria, mold and mildew that cause odors, staining, or deterioration of the product. Such products are not allowed to claim explicitly or to imply that the product offers protection to consumers against bacteria or other microbes.
In product labeling and marketing materials, Logitech had stated that the silver-based compound provided "protection to prevent the growth of a broad range of bacteria, mold and mildew" and "guards against growth of a broad range of bacteria." EPA policy contends that unqualified claims of antibacterial efficacy are potentially misleading to consumers if
USDA Issues Final Rule Regarding Biobased Product Labeling
By Kelley Drye on
Posted in Green Marketing
On January 20, 2011, the United States Department of Agriculture (“USDA”) issued a final rule regarding a voluntary product certification and labeling program for biobased products. The new rule creates a distinctive USDA product mark for qualifying products and sets forth the standards that these products must meet to bear the USDA’s symbol. According to the USDA, the labeling initiative is intended to “more clearly identify biobased products for all buyers, and to promote the increased sale and use of biobased products in the commercial market and for consumers.” The certification and labeling program will be administered in conjunction with the USDA’s BioPreferred Products procurement program, which affords products that meet the programs’ requirements preferred purchasing status by federal agencies.
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Continue Reading USDA Issues Final Rule Regarding Biobased Product Labeling
New Green Claims Raise Red Flags
By Gonzalo E. Mon on
In October, we posted that the FTC had proposed revisions to the “Guides for the Use of Environmental Marketing Claims,” more commonly known as the “Green Guides.” Among other things, the FTC’s proposed revisions address carbon offset claims and environmental certifications. In recent weeks, there has been legal actions on both of these issues.
A…
FTC Releases Proposed Changes and New Guidance to The Green Guides
By Kelley Drye on
This week, the FTC issued its proposed revisions to the "Guides for the Use of Environmental Marketing Claims" (the "Green Guides") and announced that it will be accepting public comment on the Proposed Guides until December 10, 2010. The Green Guides, first issued in 1992 and last revised in 1998, are designed to…