WA 2741355.1

FACING THE LEGAL SCRUTINY OF “GREEN” MARKETING

Sorting through developments and trends in advertising law and green claims

PROGRAM OVERVIEW

In recent years, more companies have distinguished their products by touting their environmental benefits. “Green” branding of this sort faces legal scrutiny from competitors, consumers, and federal and state governments in matters where the advertising was considered deceptive or false.

The Federal Trade Commission recently proposed revisions to its "Green Guides,” which are designed to establish standards to avoid deceptive and misleading greenwashing claims regarding environmental attributes. Once the proposed changes are officiated, companies will have significant limited opportunity to claim their products are "green" or "eco-friendly" or "environmentally friendly.” Further, the use of general environmental benefit claims without specific qualifications, disclaimers, and proof of such claims will also be scrutinize under these new guidelines.

In this sixty-minute webinar, Pat Whalen, Andrew Brought and Loyd Gattis, partners in the law firm of Spencer Fane Britt & Browne LLP and authorities in advertising and environmental law, respectively, will provide an explanation of the legal framework and general principles of the proposed changes in the following areas:

• advertising and marketing claims, including case highlights of select environmental claims to date;

• identify the growing trend of legal challenges to green claims;

• understand the FTC's new proposed changes to the Green Guides, including how the guides address general benefit claims, certifications and seals of approval, as well as specific claims such as degradable and compostable;

• develop a marketing and advertising strategy that seeks to avoid the pitfalls presented by the evolving standards; and

• how a company can efficiently challenge and defend green advertising claims.