Making a Green Claim: (Not) Waiting for the FTC Green Guides
Direct marketers and mailers making environmental claims have a number of resources available to them to help make such statements meaningful to consumers. The most important of those to U.S. marketers are the Federal Trade Commission’s Green Guides—officially titled “Guide for the Use of Environmental Marketing Claims”—which were enacted in 1992, and updated in 1996 and 1998. In 2007, the FTC initiated a new effort to update the Green Guides once again—and here we are in 2012 still waiting for this next edition.
The Green Guides, as currently written, give insight into use of such specific claims as biodegradable, compostable, recyclable, recycled content and ozone safe. While they are “guides,” they are enforceable. The FTC can and has brought forth cases where marketers’ claims did not measure up to the examples that pepper the Green Guides throughout.
In a recent Direct Marketing Association Compliance Series Webinar (February 14), DMA’s Jerry Cerasale, senior vice president of government affairs, said there is no indication that the Green Guides‘ updates—promised some time ago—will be published shortly, or what might be holding them up. If there are differences of opinions among government scientists about certain claims or terminology, or if FTC staff have unresolved policy questions related to potentially new Green Guides content, the truth is we really just don’t know. However, the current iteration of the Green Guides certainly does give us good direction, which I’ll enumerate here.
First, as with any marketing claim—green or not—each claim must be “truthful,” “clear” and “substantiated.” Many of my colleagues know that “go green—go digital” claims many banks, utilities and financial service companies print on monthly statements are a pet peeve of mine. While I have no issue with persuading customers to switch to electronic statements, for those customers who want to, I do have a big problem with couching the digital migration as an environmental choice. Chances are the brand has made no effort to document the net environmental benefits of doing so. Just supposing that an e-statement “saves trees” is not substantiated, or, if there is an attempt to do so, it is largely based on spurious associations with deforestation, something that is not happening in North America. While I’m not a lawyer, I would be very wary about making such claims statements on a brand’s envelopes because of the FTC’s substantiation expectation.