Making a Green Claim: (Not) Waiting for the FTC Green Guides
Second, when making a marketing claim—on a mail piece, on packaging, on a product—it must be clear what the claim pertains to, as in the mail piece itself, the packaging itself or the product itself. For example, making a "recyclable" claim might be seen as deceptive if the packaging is recyclable, but the product it protects is not. Thus, be very clear with labels as to what the claim applies.
Next, we need to ensure claims are not overstated. For example, growing the amount of recycled content "by 50 percent" would be seen as deceptive if the content were to nudge from 2 percent to 3 percent. Similarly, making a "biodegradable" claim is highly suspect when an item destined to today's air-tight and water-tight landfills largely stays there inert—it's only biodegradable when it's a piece of litter exposed to sunlight and the elements, hardly the intended end of life. Stating some item is "eco-safe" would be seen to be deceptive if there is no proof, or if it refers to one attribute of a product or item, as opposed to the product or item overall.
The term "recycled content" is important to consider because the FTC does not count material in the manufacturing process that is normally reused, and thus never first discarded as waste. Only if the material is recovered from the waste stream and reused may it be considered "recycled." There are "pre-consumer," "post-industrial" and "post-consumer" forms of recycled content, but in all cases, these types of labeled recycled content must be recovered from waste. Thus, it's common to see recycled-content papers with labels such as "made with 100-percent recovered fiber, with 20-percent post-consumer content."
Finally, though not part of the Green Guides, the FTC in a staff opinion gave the Direct Marketing Association and direct marketers the go-ahead to enable "recyclable" and "recycle please" messages on catalogs and direct mail pieces. That distinction in 2006 was important. Prior to the opinion, that type of label was not permissible, because even though mail or catalogs technically were recyclable, less than two-thirds of the nation's households had local access to recycling collection programs for this material. Thus, it would be seen as deceptive if local facilities were non-existent. Even the qualified "recyclable where local facilities exist" would be seen as deceptive without having the two-thirds threshold in place first. Thankfully, we've met that threshold and now can implement consumer education programs such as DMA's "Recycle Please" logo initiative (launched in 2007).