FORT LAUDERDALE
JACKSONVILLE
MIAMI
PALM BEACH
STUART
TALLAHASSEE
VERO BEACH
WEST PALM BEACH




                  Greenwas...
FORT LAUDERDALE
JACKSONVILLE
MIAMI
PALM BEACH
STUART
TALLAHASSEE
VERO BEACH
WEST PALM BEACH
FORT LAUDERDALE
JACKSONVILLE
MIAMI
PALM BEACH
STUART
TALLAHASSEE
VERO BEACH
WEST PALM BEACH
Greenwashing:
misleading consumers regarding environmental practices or
benefits through marketing
Potential Legal Trouble for
      Greenwashers

  Section 5 of the Federal Trade
   Commission Act (the “FTC Act”)

  Th...
Section 5 of the FTC Act
    Prohibits unfair or deceptive trade
     practices
    Deceptive practice:
      likely to...
The FTC’s Green Guides
    General principles applying to all
     environmental marketing claims
      truthful
      ...
Updated Green Guides
 “Because of the proliferation of
  green claims in the marketplace…”
  “changes in the marketplace”...
Enforcement Actions Imminent
       No enforcement actions for environmental
        claims since 2000

       Currently...
Only .05% of green advertisements (1
in 1753) are not either patently false
    or risk misleading audiences*



* accordi...
How to Avoid Greenwashing?
    Tell the Truth

    Be Accurate

    Prove It

    Look for Concerns
FORT LAUDERDALE
JACKSONVILLE
MIAMI
PALM BEACH
STUART
TALLAHASSEE
VERO BEACH
WEST PALM BEACH




                  Greenwas...
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Beware of Greenwashing

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Beware of Greenwashing

  1. 1. FORT LAUDERDALE JACKSONVILLE MIAMI PALM BEACH STUART TALLAHASSEE VERO BEACH WEST PALM BEACH Greenwashers Beware Heed the Green Guide’s Advice By: Gaida Zirkelbach, Esq.
  2. 2. FORT LAUDERDALE JACKSONVILLE MIAMI PALM BEACH STUART TALLAHASSEE VERO BEACH WEST PALM BEACH
  3. 3. FORT LAUDERDALE JACKSONVILLE MIAMI PALM BEACH STUART TALLAHASSEE VERO BEACH WEST PALM BEACH
  4. 4. Greenwashing: misleading consumers regarding environmental practices or benefits through marketing
  5. 5. Potential Legal Trouble for Greenwashers  Section 5 of the Federal Trade Commission Act (the “FTC Act”)  The Lanham Act  Common law  State deceptive trade practices acts  The Securities and Exchange Act
  6. 6. Section 5 of the FTC Act  Prohibits unfair or deceptive trade practices  Deceptive practice:  likely to mislead reasonable consumers  material to their decision to buy or use the products  Unfair practice:  causes substantial consumer industry  not reasonably avoidable  not outweighed by the benefits to consumers or competition
  7. 7. The FTC’s Green Guides  General principles applying to all environmental marketing claims  truthful  accurate  fully substantiated  Guidance on specific green claims  biodegradable, compostable, recyclable, recycled content, and ozone safe  Administrative Interpretations
  8. 8. Updated Green Guides  “Because of the proliferation of green claims in the marketplace…” “changes in the marketplace” and “consumer perception of environmental claims”  Workshops  carbon offsets and renewable energy certificates  green packaging claims  green building and textiles
  9. 9. Enforcement Actions Imminent  No enforcement actions for environmental claims since 2000  Currently investigating a variety of environmental product claims  Violations can result in:  civil penalties  criminal penalties  injunctive relief  restitution
  10. 10. Only .05% of green advertisements (1 in 1753) are not either patently false or risk misleading audiences* * according to GreenBiz.com
  11. 11. How to Avoid Greenwashing?  Tell the Truth  Be Accurate  Prove It  Look for Concerns
  12. 12. FORT LAUDERDALE JACKSONVILLE MIAMI PALM BEACH STUART TALLAHASSEE VERO BEACH WEST PALM BEACH Greenwashers Beware Heed the Green Guide’s Advice By: Gaida Zirkelbach, Esq.

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