04.24.23
The American Cleaning Institute (ACI) urged the Federal Trade Commission (FTC) to bring greater clarity on its enforcement of environmental marketing claims which will allow “consumers to make better informed purchasing decisions” going forward.
In comments submitted to the FTC on proposed revisions to the agency’s Guides for the Use of Environmental Marking Claims (Green Guides), ACI called for “more frequent opportunities for revisions to the Guides and more cross-agency collaboration to align the Guides with existing regulatory requirements.”
“ACI believes that there is a continuing need for the Guides, and now more than ever, a need for clearer and stronger guidance than the current Guides offer. Some examples of existing claims that need additional guidance include compostable, degradable, free-of, non-toxic, recyclable and recycled content. ACI ... notes that the vague nature of the current definitions convolutes the flow of truthful information to consumers and increases the potential for deceptive information to reach consumers. In addition to enhancing existing guidance, ACI recommends that the Commission also provide guidance on claims such as natural, organic, sustainable, biobased, regenerative and circular.”
“Consumers and manufacturers alike are looking for clarity on terminology that’s too often confusing,” said Darius Stanton, ACI Director, Regulatory Science. “We’re hopeful that the next iteration of the Green Guides can really help all of us make better sense of environmental marketing claims.”
ACI also argues that there needs to greater clarity on governance of claims related to a product’s degradability or biodegradation, “given that that state restrictions on degradable claims severely limit the use of such claims to advertise the benefits of members’ products.”
Noted ACI’s Stanton in the comments: “California essentially prohibits degradable claims on consumer products. ACI requests that the FTC revise its guidance to acknowledge the importance of being able to provide truthful information to consumers. Consumers are increasingly concerned with their environmental footprint and want to know the environmental impact of discarding products. Prohibiting marketers from truthfully advertising products as 'degradable' ultimately harms customers who want to purchase such products.”
In comments submitted to the FTC on proposed revisions to the agency’s Guides for the Use of Environmental Marking Claims (Green Guides), ACI called for “more frequent opportunities for revisions to the Guides and more cross-agency collaboration to align the Guides with existing regulatory requirements.”
FTC Review
FTC announced its plan to review the Green Guides in December 2022, as reported by Happi, and in late January extended the deadline to submit comments to April 24, 2023.“ACI believes that there is a continuing need for the Guides, and now more than ever, a need for clearer and stronger guidance than the current Guides offer. Some examples of existing claims that need additional guidance include compostable, degradable, free-of, non-toxic, recyclable and recycled content. ACI ... notes that the vague nature of the current definitions convolutes the flow of truthful information to consumers and increases the potential for deceptive information to reach consumers. In addition to enhancing existing guidance, ACI recommends that the Commission also provide guidance on claims such as natural, organic, sustainable, biobased, regenerative and circular.”
“Consumers and manufacturers alike are looking for clarity on terminology that’s too often confusing,” said Darius Stanton, ACI Director, Regulatory Science. “We’re hopeful that the next iteration of the Green Guides can really help all of us make better sense of environmental marketing claims.”
ACI also argues that there needs to greater clarity on governance of claims related to a product’s degradability or biodegradation, “given that that state restrictions on degradable claims severely limit the use of such claims to advertise the benefits of members’ products.”
Noted ACI’s Stanton in the comments: “California essentially prohibits degradable claims on consumer products. ACI requests that the FTC revise its guidance to acknowledge the importance of being able to provide truthful information to consumers. Consumers are increasingly concerned with their environmental footprint and want to know the environmental impact of discarding products. Prohibiting marketers from truthfully advertising products as 'degradable' ultimately harms customers who want to purchase such products.”
