Olshan’s Advertising, Marketing & Promotions lawyers provide regulatory counsel and legal advice to manufacturers, marketers and distributors of environmentally friendly “green” products and packaging throughout the U.S. and around the world.
Guiding our clients at every stage of their ad campaigns, we advise on permissibility and substantiation of claims, offer strategies to minimize the risk of competitor challenges and represent them in regulatory investigations, enforcement actions and litigation.
When Being “Green” Isn’t Enough
While marketers are eager to promote the environmental benefits of products, services, packaging and corporate business practices to consumers who increasingly seek to “buy green,” doing so is not simple. Matters are further complicated by confusion over green terms, such as “renewable,” “sustainable” and “environmentally friendly,” which make it difficult for consumers to understand what they are buying and for companies to make their products stand out.
Our lawyers advise on all aspects of environmental benefit claims, marketing and regulation including advertising, labeling and packaging. We ensure green claims are properly substantiated to minimize legal challenges from the FTC, state attorneys general (especially in California and New York) and private plaintiffs who may challenge the truth or accuracy of green marketing and advertising claims at the National Advertising Division (NAD) or under the Lanham Act. Additionally, we help clients protect their business interests by challenging competitor companies whose environmental claims and product labeling are false, misleading or deficient.
Meeting the Demands of Greater Regulatory Scrutiny
Those making green advertising claims face greater regulatory scrutiny as a result of the FTC’s revision of its Guides for the Use of Environmental Marketing Claims (“Green Guides”), which clarify and expand upon prior guidance. Our advertising lawyers are well versed in the FTC Green Guide standards and are watching for further changes so we can help clients develop environmentally friendly claims that comply with those standards. We are also paying close attention to substantiation and truth-in-advertising requirements, aspirational environmental claims-related decisions of self-regulatory bodies and what environmental watchdog groups are saying. In doing so, we are up to the minute of the various standards so we can advance our clients’ objectives while limiting their exposure.
Green Advertising & Marketing Throughout the World
The rules and regulations governing green claims and advertising vary from country to country, and sometimes they are inconsistent, making it that much more difficult for businesses to ensure compliance while seeking to reach a global audience. Collaborating with our worldwide network of experts and lawyers, we help clients create and manage international green marketing efforts that comply with the rules and regulations of the countries where they are promoting their products.
- Advising leading cosmetics marketers in connection with environmentally friendly packaging claims, including review of underlying substantiation.
- Counseling the supplier of sustainable and recyclable packaging products on green benefit claims, including substantiation analysis in connection with applicable ASTM and ISO standards.
- Advising consumer packaged goods companies on the use of environmental certification insignias relating to forestry, sustainability, energy use, recyclability and post-consumer content.
- Reviewing post-consumer recycled content advertising claims for health and beauty product packaging.
