Regulatory Analysis

FTC Green Guides
Environmental Marketing

What they are

The FTC’s Guides for Environmental Marketing Claims are the primary US framework governing how companies market environmental attributes. The FTC enforces them as binding through Section 5 of the FTC Act.

Penalties

The FTC can seek civil penalties of up to $50,120 per violation. Each deceptive claim instance can constitute a separate violation.

California’s additional requirements

California requires independent third-party certification before companies can make certain environmental claims. Given California’s market size, this effectively functions as a national standard.

What companies should do now

Review all environmental marketing claims for specificity and substantiation. Replace vague terms with specific, verifiable claims. Document the evidence supporting every environmental claim.

Understand your exposure.

Aperta Analytics maps your current disclosures against this and three other enforcement frameworks.

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