Trekking Through The Green Maze
Upcoming SlideShare
Loading in...5
×
 

Trekking Through The Green Maze

on

  • 622 views

Information related to greenwashing and claims that products are green, sustainable, and environmentally friendly

Information related to greenwashing and claims that products are green, sustainable, and environmentally friendly

Statistics

Views

Total Views
622
Views on SlideShare
621
Embed Views
1

Actions

Likes
0
Downloads
9
Comments
0

1 Embed 1

http://www.linkedin.com 1

Accessibility

Categories

Upload Details

Uploaded via as Microsoft PowerPoint

Usage Rights

© All Rights Reserved

Report content

Flagged as inappropriate Flag as inappropriate
Flag as inappropriate

Select your reason for flagging this presentation as inappropriate.

Cancel
  • Full Name Full Name Comment goes here.
    Are you sure you want to
    Your message goes here
    Processing…
Post Comment
Edit your comment

Trekking Through The Green Maze Trekking Through The Green Maze Presentation Transcript

  • Trekking Through the Green Maze November 5, 2009 Stan Millan, LEED ® AP Sarah Brehm Jones Walker Green Law & Sustainability Team © 2009 Jones, Walker, Waechter, Poitevent, Carrère & Denègre L.L.P.
  • Presentation Overview
    • Quiz (handout)
    • General introduction
    • Green is what or what not?
    • Here’s What’s Green
    • Here’s How to Procure It
    • Conclusion and Q&A
    © 2009 Jones, Walker, Waechter, Poitevent, Carrère & Denègre L.L.P.
  • Quiz
    • We will spend a few minutes taking a brief, 10-question quiz
    © 2009 Jones, Walker, Waechter, Poitevent, Carrère & Denègre L.L.P.
  • Introduction
    • Florida State University reports that “green” was the most overused or misused word in 2008
    • Consumers often confused by “green” labels and claims
    • Historically poor government enforcement of false “green” advertising
    • Consensus: national standards with third-party verification may be the way to go
    © 2009 Jones, Walker, Waechter, Poitevent, Carrère & Denègre L.L.P.
  • Greenwashing
    • Defined: Misleading consumers regarding a company’s environmental practices or benefits of its product or service
    • At Best: Marketing technique; no impact on environment
    • At Worst: Bad for environment
    © 2009 Jones, Walker, Waechter, Poitevent, Carrère & Denègre L.L.P.
  • Five Types of Greenwashing
    • Mislead with words
    • Mislead with visuals/graphics
    • Mislead with claim that is vague or unprovable
    • Mislead with overstatement/exaggeration of product “greenness”
    • Mislead by omission
    © 2009 Jones, Walker, Waechter, Poitevent, Carrère & Denègre L.L.P.
  • Greenwashing Charges
    • FTC charges against companies making false/unsubstantiated claims that their products were biodegradable: K-Mart, Tender Corporation, Dyna-E
    • FTC charges against marketing claims of “miracle devices” for car mileage
    • In the News: Target accused by public interest group Cornucopia Institute of false advertisement for selling Silk soymilk with “organic” on label; manufacturer does not use organic soybeans
    © 2009 Jones, Walker, Waechter, Poitevent, Carrère & Denègre L.L.P.
  • FTC Green Guides: Overview
    • Require that any unqualified claims that a product is biodegradable be based on scientific evidence that it will completely decompose within a reasonably short period of time
    • Typical product is disposed in landfill—not ideal spot for biodegradable materials
    • FTC developed six tips to aid consumers in sorting through environmental claims
    © 2009 Jones, Walker, Waechter, Poitevent, Carrère & Denègre L.L.P.
  • FTC Green Guides: TIP ONE
    • Issue: Environmental claim of “recycled” product or packaging
    • Tip: “Recycled” products and packaging claims should detail percentage recycled, pre- or post-consumer content, and any refurbished or reused parts
    © 2009 Jones, Walker, Waechter, Poitevent, Carrère & Denègre L.L.P.
  • FTC Green Guides: TIP TWO
    • Issue: Packaging or product claims to use less material than former version or competitor’s product
    • Tip: Label should detail what has been reduced, by how much, and compared to what
    © 2009 Jones, Walker, Waechter, Poitevent, Carrère & Denègre L.L.P.
  • FTC Green Guides: TIP THREE
    • Issue: Product claims to be “non-toxic”
    • Tip: Manufacturer must have reason to believe that product will not pose significant risk to people or environment
    © 2009 Jones, Walker, Waechter, Poitevent, Carrère & Denègre L.L.P.
  • FTC Green Guides: TIP FOUR
    • Issue: Vague or general claims such as “environmentally friendly”
    • Tip: Such claims lack specifics and should not influence purchasing decisions without support of the claim
    © 2009 Jones, Walker, Waechter, Poitevent, Carrère & Denègre L.L.P.
  • FTC Green Guides: TIP FIVE
    • Issue: Claims that a product is biodegradable
    • Tip: Most material is biodegradable in landfills, but not immediately; many years are needed for decomposition
    © 2009 Jones, Walker, Waechter, Poitevent, Carrère & Denègre L.L.P.
  • FTC Green Guides: TIP SIX
    • Issue: Claims that a product is “CFC*-free”
    • Tip: Company must document that its products do not harm the atmosphere, either upper or ground level
    © 2009 Jones, Walker, Waechter, Poitevent, Carrère & Denègre L.L.P. *Chlorofluorocarbons are refrigerants which are greenhouse gases or upper stratospheric ozone eaters
  • FTC Green Guides: Status
    • Most key players want revisions
    • Key areas of concern:
      • Need to define “renewable” and “sustainable”
      • Update “recycling” definitions
      • Seals and labels
      • Life-cycle assessments
      • Use of “environmentally friendly,” “green,” etc.
      • Biodegradability
    • FTC plans to conduct Green Marketing Consumer Perception Study of environmental marketing claims
      • Purpose is to determine what revisions, if any, to make to guides to reflect changes in consumer perceptions of environmental claims
    © 2009 Jones, Walker, Waechter, Poitevent, Carrère & Denègre L.L.P.
  • FTC Green Guides: Enforcement History
    • FTC brought 37 enforcement actions involving environmental marketing claims between 1990–2000
    • Most claims were challenged on the basis that the company did not have sufficient substantiation for the claim it made
    • No enforcement actions from 2000–2009
    • In June 2008, FTC Commissioner Rosch stated there have been no recent enforcement actions because:
      • The industry has been abiding by the Green Guides; and
      • Private enforcement under the Lanham Act and self-regulation have developed into effective alternative enforcement mechanisms
    © 2009 Jones, Walker, Waechter, Poitevent, Carrère & Denègre L.L.P.
  • FTC Green Guides: Recent Enforcement
    • FTC filed two enforcement actions this year
      • Kmart, Tender Corp., and Dyna-E International
      • Complaint filed in June 2009
      • Disposable plates, moist wipes, and compressed dry towels claimed to be biodegradable
      • Sami Designs, CSE, and Pure Bamboo, LLC
      • Complaint filed in August 2009
      • Claimed rayon clothing was from “100% bamboo fibers”
      • Some lumber companies have recently challenged the Forest Stewardship Council’s program before the FTC
    © 2009 Jones, Walker, Waechter, Poitevent, Carrère & Denègre L.L.P.
  • Greenwashing: Your Legal Rights
    • Some options available: fraud, redhibition, breach of contract (law suits)
    • Majority of individuals would need to be joined in a class action
    • OSHA requires manufacturers/importers to provide a product’s Material Safety Data Sheet —available to consumers upon request
    • Ideal option: research green products and services beforehand to avoid resorting to legal rights
    © 2009 Jones, Walker, Waechter, Poitevent, Carrère & Denègre L.L.P.
  • Green is What or What Not?: Opportunities
    • Are you searching for greener (more energy-efficient, natural, sustainable, etc.) products these days?
    © 2009 Jones, Walker, Waechter, Poitevent, Carrère & Denègre L.L.P. Source: eco.pulse 2009
    • In which product categories are you searching for greener products?
    Green is What or What Not?: Opportunities © 2009 Jones, Walker, Waechter, Poitevent, Carrère & Denègre L.L.P. Source: eco.pulse 2009
  • Green is What or What Not?: Challenges
    • Consumers know less than you might think they do about how to “go green” and what constitutes green: Can a product be organic but not sustainable?
    © 2009 Jones, Walker, Waechter, Poitevent, Carrère & Denègre L.L.P. Source: eco.pulse 2009
  • Green is What or What Not?: Challenges
    • Which is the best description to read on a label?
    © 2009 Jones, Walker, Waechter, Poitevent, Carrère & Denègre L.L.P. Source: eco.pulse 2009
  • Green is What or What Not?: Challenges
    • Concern over chemicals compared to knowledge
    © 2009 Jones, Walker, Waechter, Poitevent, Carrère & Denègre L.L.P. Source: eco.pulse 2009
  • Green is What or What Not?: Challenges
    • Concern over chemicals compared to knowledge
    © 2009 Jones, Walker, Waechter, Poitevent, Carrère & Denègre L.L.P. Source: eco.pulse 2009
  • Green is What or What Not?: Skepticism
    • Why do companies that adopt environmentally friendly practices do so? Pick one.
    A “check all that apply” methodology was used in 2008 © 2009 Jones, Walker, Waechter, Poitevent, Carrère & Denègre L.L.P. Source: eco.pulse 2009
  • Green is What or What Not?: Skepticism
    • Many products are promoted as green. But how do you know that a product is green?
    © 2009 Jones, Walker, Waechter, Poitevent, Carrère & Denègre L.L.P. Source: eco.pulse 2009
  • Green is What or What Not?: Skepticism
    • Which is the best source for green product certification or endorsement?
    © 2009 Jones, Walker, Waechter, Poitevent, Carrère & Denègre L.L.P. Source: eco.pulse 2009
  • Green is What or What Not?: Skepticism
    • What would you do if the manufacturer of your favorite toilet paper received a government fine for failing emissions standards or polluting a nearby stream?
    © 2009 Jones, Walker, Waechter, Poitevent, Carrère & Denègre L.L.P. Source: eco.pulse 2009
  • ISO 14021-1999: Overview
    • Standard for Environmental Labels and Declarations—Self-Declared Environmental Claim
    • Made by claimant, not certified by independent third party
    • Potential for claims to be misused; ISO 14021-1999 provides guidance to level the playing field
    © 2009 Jones, Walker, Waechter, Poitevent, Carrère & Denègre L.L.P.
  • ISO 14021-1999: Commonly Misused Claims
    • Recyclable
    • Recycled content
    • Reduced resource used
    • Recovered energy
    • Waste reduction
    • Reduced energy consumption
    • Reduced water consumption
    • Extended life product
    • Reusable and refillable
    • Designed for disassembly
    • Compostable
    • Degradable
    • Organic
    © 2009 Jones, Walker, Waechter, Poitevent, Carrère & Denègre L.L.P.
  • Environmental Claim Types
    • Type 1: eco-labeling program; products meet set of pre-determined requirements; have environmental superiority; pass/fail system
    • Type 2: self-declared claims; ISO 14021-1999 designed to guide
    • Type 3: environmental product declaration; provide tool for implementing green purchasing network and for business-to-business transactions; not pass/fail Type 3 claims are more suitable for transactions involving raw materials, ancillary materials, and components between businesses and for consumer products
    © 2009 Jones, Walker, Waechter, Poitevent, Carrère & Denègre L.L.P.
  • Environmental Claim Types: Chart Source: ISO 14021-1999 © 2009 Jones, Walker, Waechter, Poitevent, Carrère & Denègre L.L.P.
  • Environmental Claim Types: Chart © 2009 Jones, Walker, Waechter, Poitevent, Carrère & Denègre L.L.P. Source: ISO 14021-1999
  • UL Environment: Overview
    • A part of Underwriters Laboratories Inc., a global leader with 115 years of experience in product standards development, testing, certification, and inspection
    • UL Environment is UL’s new global environmental product testing, evaluation, and certification business
    • Dedicated to supporting the growth and development of sustainable products, services, and organizations in the global marketplace with:
      • Independent assessment and validation of environmental claims
      • Testing, evaluation, and certification of products to sustainable product standards
    © 2009 Jones, Walker, Waechter, Poitevent, Carrère & Denègre L.L.P.
  • UL Environment: The Case for Standards
    • Create common definitions and understanding about what makes a product green
    • Provide a solid foundation for trust and confidence
    • Forum to discuss and resolve conflicting definitions or interpretations
    • Help avoid legal risk of greenwashing
    • Done correctly, will encourage innovation
    © 2009 Jones, Walker, Waechter, Poitevent, Carrère & Denègre L.L.P.
  • UL Environment: Standard Development
    • Keys to effective standard development:
      • Based on sound science
      • Look at product’s lifecycle environmental impact
      • Broadly based on multiple factors/attributes
      • Developed with open and transparent processes
      • Involve multiple stakeholders and perspectives—manufacturers, retailers, regulators, users, NGOs, and consumers
      • Recognize and reward investment, innovation, and excellence
      • Provide a path to raise the bar over time to provide continuous improvement
    © 2009 Jones, Walker, Waechter, Poitevent, Carrère & Denègre L.L.P.
  • Green Seal Product Certification: Overview
    • Science-based environmental certification standards that are credible, transparent, and essential
    • Focus on environmentally-preferred products, purchasing, and operations
    • Meets EPA’s criteria for third-party certifiers, requirements in ISO 1420 and 1424, and standards of global eco-labeling network
    • U.S. member of 26-member eco-labeling world organization
    Here’s What’s Green © 2009 Jones, Walker, Waechter, Poitevent, Carrère & Denègre L.L.P.
    • Alternative fuel vehicles
    • Anti-corrosive paints
    • Cleaning services
    • Coded printing paper
    • Commercial adhesives
    • Compact fluorescent lamps
    • Degreasers
    • Electric chillers
    • Fleet vehicle maintenance
    • Food service packaging
    • Green procurement criteria
    • Green facilities operation and maintenance criteria
    • Household cleaners
    • Industrial and institutional cleaners
    • Industrial and institutional floor care products
    • Industrial and institutional hand cleaners
    • Lodging properties
    • Newsprint
    Green Seal Product Certification: Categories
    • Occupancy sensors
    • Paints
    • Paper products used in food prep
    • Paper towels and paper napkins
    • Photovoltaic modules
    • Powdered laundry bleach
    • Printing and writing paper
    • Recycled content latex paint standard
    • Refined engine oil
    • Residential central air conditioning systems
    • Residential central air source heat pumps
    • Reusable utility bags
    • Split-ductless air source heat pumps
    • Tissue paper
    • Watering hoses
    • Windows
    • Window films
    Here’s What’s Green © 2009 Jones, Walker, Waechter, Poitevent, Carrère & Denègre L.L.P.
  • Green Seal Product Certification: Procedure
    • Products evaluated using life-cycle approach; ensures all significant environmental impacts are considered, from raw materials extraction, to manufacturing, to disposal
    • Main steps for standard development are public scope, public review of the standard, final stakeholder review, and issuance of final standard
    • Applications for certification accepted then evaluated for compliance
    • Once accepted, subject to annual monitoring
    Here’s What’s Green © 2009 Jones, Walker, Waechter, Poitevent, Carrère & Denègre L.L.P.
  • Green Seal Product Certification: Standards Here’s What’s Green Source: US Green Building Council © 2009 Jones, Walker, Waechter, Poitevent, Carrère & Denègre L.L.P.
  • Green Label Program: Overview
    • Established by Carpet and Rug Institute (CRI) to test for volatile organic compounds in cushions under carpets
    • CRI and the American National Standards Institute (ANSI) have certified the green carpet program in US
    • Two standards: Green Label and Green Label Plus
    Here’s What’s Green © 2009 Jones, Walker, Waechter, Poitevent, Carrère & Denègre L.L.P.
  • Green Label Program: Standards
    • Green Label
      • Basic compliance with standards
      • Designed to help corporate manufacturers, installers, and end users identify and utilize low-emission cushions
    • Green Label Plus
      • Enhancement of Green Label
      • Cushions with very low emissions of volatile organic compounds improve indoor air quality
      • Products undergo 14-day testing process: carpets tested for 13 chemicals, adhesives for 15
      • Initial, quarterly, and annual testing
    Here’s What’s Green © 2009 Jones, Walker, Waechter, Poitevent, Carrère & Denègre L.L.P.
  • MERV*: Overview
    • Standard developed under ASHRAE** Standard 52.2 for air filters
    • Measures overall efficiency of air filter
    • Ratings range from 1–16; measurements in microns
    • Higher ratings mean fewer dust particles and air contaminants pass through filter
    • Common particles: pet dander, insecticide dust, smog, dust, viruses, wood, tobacco smoke, spores, bacteria, pollen
    Here’s What’s Green *Minimum Efficiency Reporting Value **American Society of Heating, Refrigerating, and Air-Conditioning Engineers © 2009 Jones, Walker, Waechter, Poitevent, Carrère & Denègre L.L.P.
  • MERV: Explanation of Ratings
    • 1–4: Most common filters for residential use; will not stop particles smaller than 10 microns
    • 5–8: More common in commercial applications; filters collect particles as small as 3 microns
    • 9–12: Used in commercial industrial applications; filters stop particles from 1–3 microns in size; must be cleaned and replaced
    • 13–16: Used in hospitals; filters stop particles as small as 0.3 microns
    Here’s What’s Green © 2009 Jones, Walker, Waechter, Poitevent, Carrère & Denègre L.L.P.
  • ACEEE Green Guide: Overview
    • American Council for an Energy Efficient Economy set green cars standard
    • Rating based on vehicle emission standard, fuel economy, fuel effects, CO2 emissions, and overall environmental impact
    • Describes vehicles by five-tier class ranking:
      • Superior
      • Above average
      • Average
      • Below average
      • Inferior
    Here’s What’s Green © 2009 Jones, Walker, Waechter, Poitevent, Carrère & Denègre L.L.P.
  • ACEEE Green Guide: Examples
    • Toyota Prius
    • Honda Civic Hybrid
    • Toyota Yaris
    • Honda FIT
    • Ford Escape Hybrid
    • Hyundai Sonata
    • Subaru Outback Wagon
    • Nissan Rogue
    • Toyota Tacoma
    • Ford Ranger
    • Toyota Sienna
    • Chevrolet Tahoe Hybrid C1500
    Here’s What’s Green © 2009 Jones, Walker, Waechter, Poitevent, Carrère & Denègre L.L.P.
  • FSC: Overview
    • Forest Stewardship Council encourages responsible management of world’s forests
    • Landowners and companies that sell timber or forest products seeks certification to verify to consumers that they have practiced forestry consistent with FSC standards
    • FSC enlists independent certification organizations that evaluate forest management activities and tracking of forest products
    Here’s What’s Green © 2009 Jones, Walker, Waechter, Poitevent, Carrère & Denègre L.L.P.
  • FSC: Forest Landowners & Managers
    • 12 FSC-accredited certifiers
    • Certifiers enter contract with landowner/manager to asses forest management against FSC standard for region
    • Summary reports made public after certification assessment is complete
    • Contract duration is 5 years; 5-year audits supplemented by annual audtis
    Here’s What’s Green © 2009 Jones, Walker, Waechter, Poitevent, Carrère & Denègre L.L.P.
  • FSC: Manufacturers
    • Different form of certification: chain of custody certification process
    • Inventory control system allows segregation and identification of products from FSC-certified forests
    • Link between consumer preference and responsibility of forest management
    Here’s What’s Green © 2009 Jones, Walker, Waechter, Poitevent, Carrère & Denègre L.L.P.
  • FSC: Example Notice to Suppliers Here’s What’s Green © 2009 Jones, Walker, Waechter, Poitevent, Carrère & Denègre L.L.P.
  • Green-E Energy: Overview
    • Voluntary certification program for renewable energy
    • Certifies renewable energy that meets environmental and consumer protection standards developed in conjunction with leading environmental energy and policy organizations
    • Requires sellers to disclose clear and useful information to potential consumers
    Here’s What’s Green © 2009 Jones, Walker, Waechter, Poitevent, Carrère & Denègre L.L.P.
  • Green-E Energy: Types of Energy
    • Energy comes from windmill, solar, and other generators built since 1997
    • Produces little or no GHG emissions
    • Three renewable energy certification options:
      • Renewable energy certificates (“green tags”)
      • Utility green pricing programs
      • Competitive electricity products
    Here’s What’s Green © 2009 Jones, Walker, Waechter, Poitevent, Carrère & Denègre L.L.P.
  • Green-E Energy: Standards
    • Organizations must:
      • Meet Green-E standards
      • Abide by code of conduct
      • Engage in consumer disclosure requirements
      • Undergo annual verification process audit
      • Complete twice-yearly review of marketing materials
      • Pay annual fee
    • Companies can use logo, obtain customer confidence, etc.
    Here’s What’s Green © 2009 Jones, Walker, Waechter, Poitevent, Carrère & Denègre L.L.P.
  • EnergyStar: Overview
    • Government-backed program for businesses and individuals to protect environment through energy efficiency
    • Label appears on appliances and home electronics that meet environmental efficiency criteria
    • FTC requires labels on most home appliances but not home electronics
    • Labels provide estimate of product’s energy consumption or efficiency, as well as highest/lowest energy consumption or efficiency estimates of similar appliance models
    Here’s What’s Green © 2009 Jones, Walker, Waechter, Poitevent, Carrère & Denègre L.L.P.
  • EnergyStar: Appliances & Electronics
    • Washers/Dryers
    • Dishwashers
    • Refrigerators/freezers
    • Water heaters
    • Room air conditioners
    • Computers
    • Home audio equipment
    • Televisions
    • DVD/VCR players
    Here’s What’s Green © 2009 Jones, Walker, Waechter, Poitevent, Carrère & Denègre L.L.P.
  • EnergyStar: Dishwasher Example
    • EnergyStar dishwasher uses 40% less energy than federal minimum standards
    • Use less water; hot water energy cost savings over lifetime is about $90
    Here’s What’s Green © 2009 Jones, Walker, Waechter, Poitevent, Carrère & Denègre L.L.P.
  • Green-Label Roadmap
    • These 15 green-label programs are recognized as good benchmarks by experts and retailers such as Green Depot and Office Depot:
    Here’s What’s Green
    • Green Seal (www.greenseal.org)
    • Energy Star (www.energystar.gov)
    • EPA Design for the Environment (www.epa.gov/dfe)
    • WaterSense (www.epa.gov/watersense)
    • Forest Stewardship Council (www.fsc.org)
    • Scientific Certification Systems (www.scscertified.com)
    • EcoLogo (www.ecologo.org)
    • Greenguard (www.greenguard.org)
    • Cradle to Cradle (www.c2ccertified.com)
    • Electronic Product Environmental Assessment Tool (www.epeat.net)
    • Global Organic Textile Standard (www.global-standard.org)
    • Biodegradable Products Institute (www.bpiworld.org)
    • FloorScore (www.rfci.com)
    • Totally Chlorine Free (www.chlorinefreeproducts.org)
    • Carpet and Rug Institute's Green Label/Green Label Plus (www.carpet-rug.org)
    Source: Wall Street Journal Research © 2009 Jones, Walker, Waechter, Poitevent, Carrère & Denègre L.L.P.
  • Procurement: Sample Specifications © 2009 Jones, Walker, Waechter, Poitevent, Carrère & Denègre L.L.P.
  • Procurement
    • Need to internally justify agency’s need for “green” products
    • Otherwise can’t restrict competition
    • Need to be specific on “green” requirements; can’t be ambiguous
    • Avoid protests/claims
    © 2009 Jones, Walker, Waechter, Poitevent, Carrère & Denègre L.L.P.
  • Conclusion
    • Financial incentives exist for energy efficient and green building
    • Tax credits and other incentive programs, zoning preferences
    • Studies show that green buildings encourage happier workforce, higher productivity
    • Procurements for “green” products need to be specific and justified
    © 2009 Jones, Walker, Waechter, Poitevent, Carrère & Denègre L.L.P.
  • Question & Answer Session © 2009 Jones, Walker, Waechter, Poitevent, Carrère & Denègre L.L.P.
  • Contact Information Stanley A. Millan Special Counsel, Jones Walker 201 St. Charles Avenue New Orleans, LA 70170-5100 504.582.8328 tel 504.589.8328 fax [email_address] Sarah S. Brehm Associate, Jones Walker 8555 United Plaza Boulevard Baton Rouge, LA 70809 225.248.2142 tel 225.248.3142 fax [email_address]