Highlights

• The Federal Trade Commission recently voted to obtain public comment on potential revisions to its Guides for the Use of Environmental Marketing Claims (Guides).
• The purpose of the Guides is to prevent deception of consumers from false or misleading environmental advertising and labeling claims.
• The official notice requesting comment is likely to be published in the Federal Register in mid-January 2023.

At its Dec. 14, 2022, meeting, the Federal Trade Commission (FTC or Commission) voted to obtain public comment on potential revisions to its Guides for the Use of Environmental Marketing Claims (Green Guides or Guides). The official notice requesting comment is likely to be published in the Federal Register in mid-January 2023.

The Green Guides were first published in 1992 and updated most recently in 2012. The purpose of the Guides is to prevent deception of consumers from false or misleading environmental advertising and labeling claims. The Commission appears to be looking for evidence that environmental claims are supported by reliable substantiation plans, are science based and are achievable. The Commission appears to be particularly concerned about environmental claims that are overstated.

The FTC plans to ask a series of questions in the notice and is looking for evidence supportive of the commenter's position. The FTC is particularly interested in knowing whether:

• the Green Guides provide benefits to consumers
• any modifications to the Guides might...

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