During Friday’s Tweetchat with Don Carli, we covered a lot of ground, and dealt with some tough questions.

The topic was the FTC’s proposed revisions to their so-called “Green Guides,” the set of guidelines the FTC has established to ensure that claims of sustainability made in the marketing of products is truthful.

Don started off by explaining that “the proposed FTC Green Guides does not address the use of the term ‘Sustainability.’” But, interestingly, he pointed out that FTC’s consumer research has found that “most consumers don’t associate sustainable with ‘green.’”

He clarified something about the Green Guides: That they “aren’t law. Rather they’re guidelines for administration of Section 5 of the FTC Act.”

A couple participants asked what could happen to someone that doesn’t comply with the Green Guides. Don said that the FTC can “take a range of actions: Request substantiation, issue a warning, or bring a legal action.”

Jack Hughes said, “The real question is about an ‘action.’ Can the competition join in the action?” Don said that yes, “competitors can challenge an ad or marketing using the Better Business Bureau NAD process.”

MSLK Design returned to the issues surrounding the word “green,” asking why “green” is a “word to avoid when it’s one word consumers use in natural language.” Don explained, “The FTC’s research found that the claim “green” would be difficult if not impossible to substantiate.”

Nick Patrissi posited, “A real opportunity may be in self examination first.. doing an audit of what you may want to say.. before you say it.” Don agreed, saying that it was also “a great opportunity for the design profession to help clients review claims.”

As an example of repercussions for noncompliance with the Green Guides, Don mentioned that an FTC false advertising enforcement action was recently brought against Reverb Communications. He pointed out that Section 5 of the FTC Act requires all claims to be qualified and substantiated.

The conversation turned to what parts of marketing the Green Guides apply to. Jim Coon said, “I guess the key is for designers to be familiar enough with the regs to examine copy as well as all production issues,” to which Don replied, “Not just the copy. The totality of the ad or marketing materials, including imagery, etc.” “Such as an image of bamboo on the packaging for a product that contains no bamboo?” asked Alex Zahradnik. “Yes,” said Don, and cited Deceptive Imagery in Advertising.

Don reminded all participants that it is “important to remember that what matters is how reasonable consumers perceive the claims.” He added, “Marketers are required to have substantiation prior to making claims, but they are not required to publish it.”

Liz Samelsson asked an important question about certification: “What is the best equivalent today of a ‘Good House Keeping seal of approval’ for Green Standards? Who should we trust most with these seals?” Don replied, “Sites like the Ecolabel Index and the ISEAL Alliance track hundreds of seals.” He also noted that “The proposed GreenGuides would treat seals and certifications as ‘endorsements’” and that the FTC Guide for use of endorsements “would apply to use of seals and certifications.”

Dan Kohan said, “Many companies do want to mislead consumers and sound greener than they are. How can we stand in their way?” Don’s response: “Other than complaining to the FTC, brands can use the NAD challenge process.”

MSLK Design asked, “Is independently substantiating a claim a concern for any other LP, CFSD, or AIGA designers out there?” To which Don said, “You aren’t required to independently substantiate a clients claims, but you have a duty check it exists.”

Writing on the Living Principles site, Debbie Millman asked if Don had any “tips and tactics to persuade clients not to greenwash.” Perdue Creative seconded this request: “That’s been one of our biggest challenges: How to convince clients to be green, do something green, rather just try to look green.”

Don said, “Make them aware of the Green Guides and of the risk that competitors can challenge greenwash via NAD.” He added, “The best way to do that is with projectable research showing that green pays and greenwash doesn’t.”

Said Valerie Elliott: “Clients need to recognize (through good PR recommendations) that greenwashing eliminates innovation and repositioning; does not take advantage of potential untapped markets; does not address cost and risk reduction; nor supports maintaining a corporation’s reputation.”

We discussed the need for positive examples of projects that are “legally green.” Don pointed out that he knew of no sites where one can find positive examples that are peer reviewed. Icograda said that they are “currently investigating creating this type of site,” but that it’s a “big undertaking.” Valerie Elliott said that the Society of Graphic Designers of Canada “Is also. but looking for some criteria so as to inspire real innovation.” Don suggested that a competition would be a good way to encourage designers to create work that complies with the Green Guides; and Icograda pointed out that it would be good to incorporate Green Guide criteria into existing competitions. Gaby Brink said, “Design competitions need to move beyond “green” categories to make sustainable criteria integral to how work is assessed.”

Said Don, “The challenge presented by greenwash is how to reward good actors and discourage misleading claims.” He pointed out that other professions have “professional review boards that censure members who violate ethics rules,” and suggested that the “Better Business Bureau National Advertising Division review board is a good model.”

As the chat finished, we were all left with plenty to think about. But the first action to take is obvious: Go to the FTC site and submit comments on their proposed revisions. This is one way we can all make a difference.

Many thanks to Lunchbreath for the thumbnail illustration (this image shows a detail of a larger illustration). See more work at lunchbreath.com.