Environmental Marketing: Legal Risks of Claiming to be Green
Strategies to Meet Regulatory Standards and Minimize Greenwashing Liability
FTC proposed revised Green Guides on Oct. 6
Recording of a 90-minute CLE webinar with Q&A
This CLE webinar will update counsel to companies marketing products as having environmental attributes on the Federal Trade Commission's proposed revisions to its Green Guides. The panel will offer best practices for complying with the standards to avoid unfair or deceptive green claims.
Outline
- Legal environment and current state of the law
- Federal
- National Advertising Division decisions
- States
- FTC’s proposed Green Guide revisions
- General environmental benefit
- Certifications and seals of approval
- Claims: degradable, compostable, ozone-friendly, recyclable, non-toxic
- Claims: made with renewable materials, made with renewable energy, carbon offsets
- Best practices to meet the regulatory standards and avoid greenwashing claims
Benefits
The panel will review these and other key questions:
- What are the federal and state regulations and existing standards that currently govern green marketing claims?
- How have the courts treated "greenwashing claims" to date?
- How do the FTC's proposed revisions change the landscape for environmental marketing?
- What steps can companies take to ensure that environment-based marketing claims comply with the Green Guides and other standards and are not false or misleading?
Faculty
Brian L. Heidelberger
Partner
Winston & Strawn
He concentrates his practice in advertising, marketing, e-commerce, and entertainment law matters. He litigates... | Read More
He concentrates his practice in advertising, marketing, e-commerce, and entertainment law matters. He litigates advertising and promotional related matters and handles FTC and network challenges. He counsels advertising agencies, consumer product companies, retailers, and Internet/e-commerce ventures on a wide range of marketing, promotional, intellectual property, and e-commerce issues.
CloseChristina M. Carroll
Partner
McKenna Long & Aldridge
She is co-chair of MLA’s firm-wide Climate, Energy, and Sustainability Initiative. She focuses on... | Read More
She is co-chair of MLA’s firm-wide Climate, Energy, and Sustainability Initiative. She focuses on complex litigation, including insurance, toxic tort, environmental and commercial litigation. She represents insurers in coverage and bad faith disputes and counsels them on emerging risks including the risks and opportunities associated with climate change, hydraulic fracturing, and greenwashing. She represents regulated businesses and government contractors facing property damage, NRD and CERCLA claims. She is a co-author of Climate Change and Insurance published by the ABA.
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