Green Marketing Compliance Team

Perceptions of environmental, ethical and social stewardship are the fastest growing contributors to brand value. As consumers increasingly embrace “green” initiatives, manufacturers, distributors and retailers must market the green attributes of their products and services effectively and legally.

Seyfarth’s Green Marketing Compliance Team helps clients devise strategies for marketing the environmental and health benefits of their products while avoiding the legal pitfalls of “green washing” claims. We help clients navigate the green marketing regulatory framework and defend against claims of environmental marketing misrepresentations. We review clients’ green marketing campaigns to ensure that they comply with the Guides for the Use of Environmental Marketing Claims (Green Guides) established by the Federal Trade Commission (FTC) and similar laws, policies and guidance from other governmental entities and private regulatory groups.

Our group regularly advises consumer product retailers, distributors and manufacturers engaged in green marketing practices as well as those who want to make certain that their competitors and suppliers are meeting all applicable requirements with respect to their green marketing claims.

We have advised clients with respect to the following green marketing claims:

General “environmentally friendly” claims
Eco-seals of approval and certifications
Degradable, biodegradable or photodegradable claims
Compostable claims
Recyclable claims
Please recycle claims
Private recycling programs
Recycled content claims
Recycle symbols
Source reduction claims
Refillable claims
Ozone safe, ozone friendly and no CFC claims

Our Proven Track Record Of Success

Following is a select list of our recent representative matters:

Evaluated proposed revisions to the FTC’s Green Guides, including provisions related to renewable energy, carbon offsets, renewable energy certificates, carbon neutrality, carbon footprint, sustainability, life cycle assessments, seals, logos, third-party certifications and source reduction claims
Reviewed and provided suggested revisions to the green marketing materials of manufacturers in multiple industries, including:
- Building products
- Office products
- Packaging materials
- Consumer products
- Printed materials
Assisted client in developing a “supplemental environmental project” involving sustainability in order to offset the penalties necessary to resolve an enforcement action
Reviewed use of trademarks and logos to ensure compliance