Successfully reported this slideshow.
We use your LinkedIn profile and activity data to personalize ads and to show you more relevant ads. You can change your ad preferences anytime.

Beware of Greenwashing

856 views

Published on

Presentation regarding the dangers of greenwashing in marketing

  • Be the first to comment

  • Be the first to like this

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.

×