The FTC’s Final Green Marketing Guide: How to Get it Done
The increasing number of environmentally-conscious consumers has prompted businesses to advertise a new generation of green marketing claims. In response and in an effort to regulate these claims of “being green”, the Federal Trade Commission (FTC) recently issued the final guide for the Use of Environment Marketing Claims (2012 Green Guides). Among the revisions included in the guides are new guidance on general environmental claims, use of certifications and seals of approval, and the use of terms such as non-toxic, recyclable, degradable and renewable energy or materials.
With the adoption of the green guide, it is certain that the FTC will intensify its regulatory and enforcement activities making it necessary for companies and their advertisers to systematically reassess their environmental claims. An assessment will be necessary to determine whether the advertisement is in compliance with the Guide and related federal and state laws. Additionally, they must also be aware of the risks to avoid hefty liabilities in the event of non-compliant advertisements. The Knowledge Group is producing this two-hour live webinar to help companies and advertisers and their corporate counsel understand the scope of the green guide and their impact on business relations and contract drafting. Our panel of experienced practitioners and thought leaders will provide in-depth discussion on the significant topics in the mix including:
- Overview of the Green Guides
- Green Marketing Campaigns That Could Be Subject to Regulatory Scrutiny
- Key Takeaways from Related Cases
- Effective Ways to Develop Compliant and Cost-Effective Green Marketing Claims
- Green Contract Drafting Issues
- Up to the minute-regulatory updates
- Other Regulatory Updates
A live interaction with the audience in a question and answer format is also included in this event.
Laura Koss, Senior Attorney, Division of Enforcement,
Federal Trade Commission
Laura Koss, a Senior Attorney in the FTC’s Division of Enforcement, will be providing an overview of the Commission’s role in helping marketers avoid making unfair or deceptive environmental claims. A primary focus of the session will be an introduction to the FTC’s Guides for the Use of Environmental Marketing Claims (also known as the Green Guides) and will include a discussion of general principles of advertising law and the Green Guides, types of marketing claims addressed by the Green Guides, and emerging environmental advertising issues.
Susan J. Sadler, Attorney,
Dawda, Mann, Mulcahy & Sadler, PLC
Susan Sadler’s presentation will focus on the process of validating claims that a product has an environmental benefit, from both the perspective of the average consumer and the more sophisticated corporate buyer. This will include an assessment of the section on Certifications and Seals of Approval in the FTC’s Green Guides. The session will address the use of environmental certifications issued by third-party organizations and the role such certifications have in advertisements, the drafting of contract terms and in making supply chain decisions. Ms. Sadler’s presentation will also review the legal risks posed by insufficient validation or poor recordkeeping, as well as anticipated trends in this area.
Albert M. Cohen , Partner ,
Loeb & Loeb LLP
- FTC did not specifically address sustainability claims
- However, it did caution that this does not mean marketers can deceive the public
- Marketers are still responsible for making sure their claims are true and verifiable
- Independent claims regarding sustainability
- Sustainable Certifications – The “Sustainable Fisheries” Case
- FTC Certification Guides
- NPR’s series on sustainable fisheries
- FTC Certification Guides
- NPR’s series on sustainable fisheries
- What is MSC and how does it work
- Environmental criticisms
- What is a marketer’s obligations in light of the kinds of issues raised?
- FTC’s response
- The Bottom Line regarding Green Marketing Claims (tie back to Laura’s presentation)
- Tips for Avoiding Problems
Who Should Attend:
– Private Companies
– Public Companies
– Marketing Officers
– Marketing and Advertising Professionals
– Senior Management
– Corporate Counsel
– Compliance and Risk Officers
– Environmental Lawyers
– And Other Related/Interested Professionals
Laura Koss is a Senior Attorney in the FTC’s Division of Enforcement. In addition to her extensive work on the Green Guides, Ms. Koss has worked on a variety of matters, including investigations involving the advertising and promotion of dietary supplement products and country-of-origin claims. She also served as the Coordinator of the Commission’s Hispanic Law Enforcement Initiative. Prior to working at the FTC, Ms. Koss was an Associate at Crowell & Moring in Washington, D.C. Ms. Koss holds a bachelor’s degree from Cornell University and a J.D. from Harvard Law School.
Laura Koss is a Senior Attorney in the FTC’s Division of Enforcement. In addition to her extensive work on the …
Susan Sadler is a founding member of Dawda, Mann, Mulcahy & Sadler, PLC in Bloomfield Hills, Michigan. She is the head of the Firm’s Environmental, Energy and Sustainability Practice Group. She advises companies on a full range of environmental issues and matters associated with sustainability. She counsels corporations and communities in redevelopment and their pursuit of green business opportunities. She has lectured and written for many professional and industrial organizations in the field of sustainability and green contracts. Ms. Sadler has received LEED-AP accreditation from the U.S. Green Building Council (U.S.G.B.C.) She received her BS Degree from Albion College and her JD Degree from Toledo College of Law.
Susan Sadler is a founding member of Dawda, Mann, Mulcahy & Sadler, PLC in Bloomfield Hills, Michigan. She is the …
Albert M. Cohen is a partner at Loeb & Loeb LLP where he specializes in environmental law, land use, and consumer protection and is a member of the firm’s Consumer Protection Defense and Unfair Competition group . He has handled numerous cases involving alleged exposures to toxic chemicals, advised clients regarding disclosure requirements under California’s Proposition 65, and assisted clients in analyzing environmental impacts associated with greenhouse gas emissions and air pollutants. He has written articles regarding FTC’s Green Guides and their applicability to Sustainability claims. Prior to entering private practice he worked for the Federal government where he handled toxic substances enforcement matters and served as lead counsel for the United States in the Love Canal litigation. He also served as in-house environmental counsel at Northrop Corporation. He is a graduate of Columbia University in New York, Boston University Law School and has a Master’s Degree in Public Health from the Harvard School of Public Health.
Albert M. Cohen is a partner at Loeb & Loeb LLP where he specializes in environmental law, land use, and …
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Federal Trade Commission
About Federal Trade Commission
About Dawda, Mann, Mulcahy & Sadler, PLC
Dawda Mann Mulcahy & Sadler, PLC (“Dawda Mann”) is dedicated to providing legal counsel to businesses and the individuals who own them. Dawda Mann is located in Bloomfield Hills, Michigan with a clientele of Fortune 500 companies, financial institutions, corporations of varying size and developers throughout the country. Additionally, Dawda Mann represents individuals in their tax, estate and personal planning matters. In responding to the complex legal needs of businesses and their owners, Dawda Mann’s members utilize a full range of legal expertise in the areas of tax, energy, real estate, environmental, commercial transactions, labor, employment and health and safety. Whether a client is facing a government enforcement action, litigation, or business negotiations that are at an impasse, Dawda Mann has the expertise to solve problems.
About Loeb & Loeb LLP
Loeb & Loeb LLP is a multi-service law firm with more than 300 attorneys and offices in Los Angeles, New York, Chicago, Nashville, Washington, DC, and Beijing, as well as an affiliate office in Hong Kong. The firm focuses on select core industries and practice areas, rather than endeavoring to be all things to all clients. We represent multi-national, Fortune 100 companies in their mid-market transactions and litigation matters, and serve as primary outside counsel to a multitude of mid-market clients. The firm also represents clients ranging from start-ups to high net worth individuals and families. Our practice areas include Consumer Protection Defense and Unfair Competition, Advertising and Promotions, Health and Wellness Marketing, Climate Change, Energy and Sustainability, and Environmental Law.