Laura Kim commented in Law360 on the FTC's kick-off of a public comment period regarding how it should update its "Green Guides," which outline principles to apply to environmental marketing claims, such as those relating to carbon offsets or recyclability.
Laura noted that the commission has sought comment not only on updating the guides but also whether the agency should consider rulemaking relating to environmental benefit claims.
"Unlike the guides, which are not independently enforceable, rules would carry the potential for civil penalties under the FTC Act," Laura told Law360. "This would be a significant departure from the commission's long-standing approach to environmental marketing claims guidance."
And Laura said the FTC specifically solicited consumer perception evidence about several claims not currently addressed in the guides, including climate change-related claims such as "net zero" and "low carbon" as well as "sustainable," "organic" and "energy use/energy efficiency."
"It will be particularly interesting to see how the record develops on these claims, which have proliferated in the last 10 years," Laura said. "The chair also signaled particular interest in consumer perceptions of recyclable claims, so that will be another important claim to keep an eye on in this proceeding."
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