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FTC Announces Long-Awaited Opening of Public Comment Period for its Green Guides

Update: The formal Federal Register notice was published on December 20, 2022, and comments are due on February 21, 2023.

The Federal Trade Commission (“FTC” or “Commission”) announced on December 14, 2022, that it is seeking public comment on potential updates and changes to the Green Guides for the Use of Environmental Claims. The Commission’s Green Guides are intended to assist companies to avoid making environmental marketing claims that are unfair or deceptive under Section 5 of the FTC Act.  

The Commission approved publication of a notice in the Federal Register for a request for public comments on potential amendments to the Commission’s Guides for the Use of Environmental Marketing Claims (“Green Guides” or “Guides”). The Notice will solicit comments on the ongoing need for the Guides and on specific claims addressed in the Guides, including “recyclable,” “recycled content,” “degradable,” “compostable,” and more. It also asks if it should initiate a rulemaking to address claims it declined to consider during its last review in 2012, such as “organic” and “sustainable.” The FTC is also asking for input on whether the Guides overlap or conflict with other federal, state, or local laws or regulations. Comments will be due 60 days after publication of the notice in the Federal Register, which is expected in mid-January.  

For more details, click here.