Environmental Marketing: The New Green Guides

Strategies to Meet Regulatory Standards and Minimizing Greenwashing Liability

Recording of a 90-minute CLE webinar with Q&A


Conducted on Wednesday, December 12, 2012

Recorded event now available

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Program Materials

This CLE webinar will update counsel to companies that market products as having green attributes on the changes to the Green Guides. The panel will offer best practices for complying with the guidance provided by the FTC so as to avoid unfair or deceptive green claims.

Description

On Oct. 1, 2012, the Federal Trade Commission released its long awaited final revisions to its Guides for the Use of Environmental Marketing Claims ("Green Guides"). The revisions include new guidance on general environmental claims and on the use of certificates and seals of approval.

The FTC’s revisions include new guidance on using terms like degradable, ozone-friendly, non-toxic and recyclable. The guides also provide guidance on claims that a product is made with renewable energy or renewable materials.

With changes to the Green Guides finalized, companies and their counsel must examine green marketing programs now, since noncompliance can lead to an investigation for deceptive marketing by the FTC or civil suits from competitors.

Listen as our authoritative panel examines the current legal environment surrounding green marketing, the changes to the Green Guides, and offers best practices to meet the guidance provided by the FTCso as to avoid unfair or deceptive green claims.

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Outline

  1. Legal environment and current state of the law
    1. Federal
    2. National Advertising Division decisions
    3. States
  2. FTC’s Green Guide
    1. General environmental benefit
    2. Certifications and seals of approval
    3. Claims: degradable, compostable, ozone-friendly, recyclable, non-toxic
    4. Claims: made with renewable materials, made with renewable energy, carbon offsets
  3. 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 revisions to the FTC's Green Guides change the landscape for environmental marketing?
  • What steps can companies take to ensure that green marketing claims comply with the Green Guides and are not false or misleading?

Following the speaker presentations, you'll have an opportunity to get answers to your specific questions during the interactive Q&A.

Faculty

Brian Fergemann
Brian Fergemann

Partner
Winston Strawn

He is a partner in the advertising, marketing, and entertainment law group. He counsels major national consumer...  |  Read More

Christina Caroll
Christina Caroll

Partner
McKenna Long Aldridge

Her practice focuses on complex litigation, including insurance coverage, environmental, toxic tort, and federal...  |  Read More

Bridget Calhoun
Bridget Calhoun

Partner
Crowell Moring

She specializes in product risk management issues, consumer protection, and antitrust law.  She represents...  |  Read More

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