How Proposed Changes to the FTC’s “Green Guides” Can Impact You
If you are involved in the advertising or marketing of products that make explicit or implied “green” benefit claims, you need be aware of the Federal Trade Commission’s recently proposed changes to its “Green Guides” for environmental marketing.
The FTC’s request for public comment on the proposed guidelines presents the design profession with an opportunity to leverage The Living Principles for Design framework and make a direct impact on the way sustainability is projected in the marketplace. Join your colleagues for an interactive “tweetchat” to discuss the implications of the proposed Green Guides on Friday, November 12 between 11:30 AM and 2:30 PM EST. Participate in this live conversation by going to our chat room at Savorchat.com on Friday, or simply follow and submit tweets on any other Twitter platform using this hashtag: #LPchat.
In addition to learning about and commenting on the proposed Green Guides, The Living Principles community can play an important role by identifying examples of design and marketing that embody ideal environmental benefit claims. We encourage you to go to the Living Principles site and post case studies of projects making green claims that are accurate, legal, ethical, and that inspire positive cultural change.
Legitimate green innovators can lose sales to competitors when unscrupulous advertisers make false, misleading or unfair advertising claims. Furthermore, when misleading environmental benefit claims are allowed to proliferate, the design professionals who create them, the public and the environment stand to lose.
According to a recent survey by the marketing firm TerraChoice, the number of products claiming to be green increased 73% since 2009, and more than 95% of consumer products marketed as “green,” make misleading or inaccurate claims—a practice TerraChoice calls “greenwashing.” In addition to potentially being illegal, all too often these misleading claims violate several AIGA standards of professional practice.
Over the next few days, take some time to visit the FTC site and familiarize yourself with the proposed changes to the Green Guides, then join us for a lively tweetchat this Friday.
What do the proposed changes to the FTC Green Guides address?
The revised Green Guides caution marketers and their agencies not to make blanket, general claims that a product is “green,” “environmentally friendly” or “eco-friendly” because several hearings and a consumer perception study conducted by the FTC confirm that such claims are likely to suggest that the product has specific and far-reaching environmental benefits. (The entire study is available to the public at www.ftc.gov/green)
The proposed Green Guides also caution marketers not to use unqualified certifications or seals of approval – those that do not specify the basis for the certification. While a decade ago there were a handful of seals and certifications, today sites like the Ecolabel Index and the ISEAL Alliance track hundreds. The growing number of certifications and seals of approval is confusing for institutional buyers as well as for individual consumers. Accordingly, the changes proposed by the FTC also include new guidance on the use of product certifications and seals of approval in addition to “renewable energy” claims, “renewable materials” claims, “carbon offset” claims and other environmental claims.
Some may see the proposed revisions to the Green Guides as a burden, but increased clarity in the guidelines coupled with regulatory enforcement, advertising industry self-regulation through organizations like the Better Business Bureau, increased scrutiny by media channels and heightened consumer awareness will help to discourage unscrupulous marketing tactics and to level the playing field for sustainable business innovators. Markets will benefit, society will benefit, the environment will benefit and it will provide advantage to firms developing products that are truly environmentally preferable that also qualify and substantiate their green marketing claims.
We look forward to seeing you online this coming Friday to discuss the implications for designers and their clients everywhere.
Many thanks to Lunchbreath for the thumbnail illustration. See more work at lunchbreath.com.

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11 Comments
excellent article, don — looking forward to friday’s tweetchat.
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Will spread the good word!
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Thanks for the article, Don. Very interested to learn more about the implications of the revisions.
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Great article Don. Thanks for taking the time to explain all the ramifications of the FTC rulings. It will take vigilance on all our parts to keep pushing for transparency in products and packaging.
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Great article, Don. Thanks for putting it into perspective. I’m looking forward to digging deeper into this.
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Having spent a little time reviewing the Green Guides, I see this as good news for designers and agencies. Now the law (the FTC) is on our side when influencing our clients to be truthful and accurate in their claims.
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Thank you Don. The conversations that the proposed changes will require are the type of conversations that we as designers should be having with our clients everyday. We need a lot more true innovation both inside our industry and in our clients’ industries, seeing as how our negative impact as consumers are continuing on at a steady rate despite any modest changes that the conscientious amongst us have made. This has the potential to be both an important tool and responsibility for the creative community.
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don/caitlin,
please forgive the jumbo comment, but i will be unavailable for much of the tweetchat window of friday so i have posed some questions here in the hopes that they might find their way into the dialogue.
from some of don’s earlier comments, it sounds as though certain words or terms are not addressed or defined in the FTC green guides due to lack of consensus (ie “sustainability” means “durable” to most consumers). the living principles site contains a very robust “words to know” section. would it be possible to use that as a means to define any terms that need clarification (or at least identify terms that SHOULD somehow be clarified)?
the FTC press release states that “the revised guides caution marketers not to make blanket, general claims that a product is ‘environmentally friendly’ or eco-friendly’ because…” (5th paragraph). are there other such “cease and desist” terms or expressions? and if so, can they be found in one spot?
as we all endeavor to identify good case studies, are there SPECIFIC attributes and/or outcomes that would make them especially valuable? should information regarding these examples conform to any particular outline? would this be a possibility for extending/utilizing the living principles framework as a common reference point?
are there other frameworks or reporting structures that the FTC has identified as particularly useful or salient?
and as for rounding up these case studies, is getting them to the living principles site as a “feature” helpful? alternately, will linking to other sites (ie worldchanging, fast company, good magazine, designers accord, grist, et al) where such case studies can be found helpful?
regarding third party certification: as stated in the green guide summary, it “does not eliminate a marketer’s obligation to have substantiation for all conveyed claims.” so if i want to use an FTC seal on my printed piece, does that mean it is not enough for me to take FSC’s word that their seal can be substantiated? if YES, then what info do they provide that is sufficient? if NO, how would i go about obtaining that substantiation? does the ecolabel index or the iseal alliance provide such substantiation?
has there been any attempt to involve authors or other thought leaders in this process? i’m certain people like paul hawken, daniel goleman, alex steffen, bill mckibben, et al would have a lot ot contribute.
anyhow,
phil
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Don,
Will the FTC simply monitor “language” or also begin to mandate more environmentally appropriate materials for packaging etc? Are they also working with Green/Blue or the Sustainable Packaging Coalition?
Eric Benson
http://www.re-nourish.com
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Hi Don
Can you please help us with tips and tactics to persuade clients not to GREEN WASH? Thanks so much!
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like the word “natural” has any meaning these days.
i am sure this won’t have a huge effect even do, it would benefit the consumer.
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