Advertising Law | Green Advertising

Advertising | GREEN ADVERTISING

Wiley Rein attorneys have represented clients seeking to challenge environmental advertising. This will continue to be an extremely active area during the administration of President Obama. Our attorneys are intimately familiar with the FTC's "Green Guides" relating to environmental marketing claims and provide guidance on specific green claims, such as biodegradable, compostable, recyclable, recycled content, and ozone safe. We also closely following the FTC's current proceeding to update the guides.

We recently successfully challenged environmental advertising claims in a proceeding before the National Advertising Division (NAD). Wiley Rein client Continental Products challenged the advertising claims of GP Plastics, a competing provider of plastic bags used in the delivery of newspapers. Among the claims challenged were that GP's plastic bags are: "100% oxo-biodegradable," "disposable through ordinary channels," go "from front lawn to waste bins to the landfill," "completely recyclable" and a whole series of general claims of environmental benefits, such as "eco-friendly," "environmentally friendly," promise a "green tomorrow" and "saving the planet." In its decision, the NAD also recognized the importance of eliminating false and deceptive environmental advertising claims. "Because consumers cannot typically verify for themselves the truth of environmental claims, advertising self-regulation is playing an increasingly significant role in ensuring that environmental claims are truthful, non-misleading and adequately substantiated."

Contact Us
Hugh Latimer
202.719.4989 | hlatimer@wileyrein.com