New FTC Guidelines Are Coming — Making Sense of it All

by Bob Mitchell

November 11th, 2008 in Environment, Federal Trade Commission, FTC, Global warming, Goodwin Procter, Guidelines, Marketing

“We need to be Green”.  “It’s the right thing to do.”  “It’s the in thing.”

As marketers jump on the bandwagon, some will do it right and others….well, we have all seen an ad and said, “That’s bull.”  So what’s a guy to do…or more directly, an advertiser?

The Federal Trade Commission (FTC) first published guidelines in 1992 but the issues of ’92 are not the issues of today.  Witness Obama and McCain arguing Global Warming — not a topic addressed in ’92. The good news is the FTC will release updated guidelines in 2009.  The bad news is that it’s the FTC and the government doesn’t always use “common speak.”  The better news is that I just read a whitepaper from Goodwin Procter that is short and to the point; a shining “green” light in the darkness.

Marketers need to follow constantly evolving guidelines and laws regarding “Green Marketing Claims.”  While the FTC originally issued guidelines in 1992, they are currently considering major revisions.   These revisions come after acceptance of comments and a series of workshops on specific issues.  Three key issues addressed are:

A white paper from Godwin Procter provides an excellent overview of the issues and suggests five strategic considerations for marketers making environmental claims:

• Carefully evaluate the potential environmental benefits of products and operations
• Seek certification from third parties
• Substantiate and document any environmental claims
• Make precise environmental claims
• Ensure that representations concerning the environmental impacts and benefits of the company’s products and operating practices are consistent