Advertising Law Tool Kit - Tenth Edition | 2022

Venable / 31 In assessing a green claim, marketers should consider the following: • Can the marketer substantiate “green” benefits of the product? • Avoid general claims, such as “green” or “earth friendly,” unless they can be qualified to explain the specific environmental benefit(s) the product provides. • Qualify your claims to specify whether they apply to the service you provide, the product you sell, any product packaging, or a combination thereof. • If you are using seals of approval or certifications, tell consumers what they mean, disclose whether the award is from a third party based on objective criteria, and disclose any material connection you may have with the third party. • If the product is ordinarily disposed of in landfills, it cannot support an unqualified “biodegradable” claim. • Support carbon offset claims with competent and reliable scientific evidence and disclose whether the emissions reduction is expected far into the future (2+ years). • Do not make “nontoxic” claims, unless the product has been proved safe for people and the environment generally, using competent and reliable scientific evidence. • Avoid “free of” claims unless you have not intentionally added any of the substance to your product and any naturally occurring amounts are at “trace” levels not associated with possible harm. • Use “renewable materials” claims only when the material used is identified and the renewable amount of the product and the method used are disclosed. • When claiming your product or its packaging is “recyclable” (and specify what exactly is recyclable), ensure that the product or packaging is recyclable by at least 60 percent of consumers where the product is sold. If it is not, qualify the claim by disclosing the limited availability of recycling for the product. • Use “recycled content” claims only if the materials were actually diverted from the waste stream and the amount diverted is disclosed.