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Home > By DEPARTMENTS > Sales and Marketing > Green Marketing

Environmental Marketing Claims - US FTC

The FTC will review its Environmental Guidelines for carbon offsets and renewable energy certificates that claim to reduce greenhouse gas emissions in one place to offset emissions elsewhere.

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The FTC, which was scheduled to review its "Environmental Marketing Claims" guidelines in 2009, said that on Jan. 8, 2008, in the first of a series of public meetings, it would examine carbon offsets and renewable energy certificates that claim to reduce greenhouse gas emissions in one place to offset emissions elsewhere.

Federal Trade Commission's Regulations:
Part 260 - Guides for the Use of Environmental Marketing Claims

These guides specifically address the application of Section 5 of the FTC Act to environmental advertising and marketing practices. They provide the basis for voluntary compliance with such laws by members of industry. Conduct inconsistent with the positions articulated in these guides may result in corrective action by the Commission under Section 5 if, after investigation, the Commission has reason to believe that the behavior falls within the scope of conduct declared unlawful by the statute.

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These guides apply to environmental claims included in labeling, advertising, promotional materials and all other forms of marketing, whether asserted directly or by implication, through words, symbols, emblems, logos, depictions, product brand names, or through any other means, including marketing through digital or electronic means, such as the Internet or electronic mail. The guides apply to any claim about the environmental attributes of a product, package or service in connection with the sale, offering for sale, or marketing of such product, package or service for personal, family or household use, or for commercial, institutional or industrial use.

Because the guides are not legislative rules under Section 18 of the FTC Act, they are not themselves enforceable regulations, nor do they have the force and effect of law. The guides themselves do not preempt regulation of other federal agencies or of state and local bodies governing the use of environmental marketing claims. Compliance with federal, state or local law and regulations concerning such claims, however, will not necessarily preclude Commission law enforcement action under Section 5.



Edited by Carolyn Allen, owner/editor of California Green Solutions
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