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WDMA Webinar Series

Understanding the New FTC "Green Guides"

Tuesday December 18, 2012

 

3:00-4:00 pm Eastern

2:00-3:00 pm Central

1:00-2:00 pm Mountain

12:00-1:00 pm Pacific

 

 

About the FTC's "Green Guides"

 

The Federal Trade Commission (FTC) recently revised its Green Guides, which are designed to help marketers ensure that the claims they make about the environmental attributes of their products are truthful and non-deceptive. The revisions include updates to the existing Guides, as well as new sections on the use of carbon offsets, "green" certifications and seals, and renewable energy and renewable materials claims.

The Guides apply to environmental claims included in labeling, advertising, promotional materials, and all other forms of marketing, whether asserted directly or by implication. While technically not enforceable regulations, the Guides are expected by many to be used as a measure by the FTC and in other legal actions for determining if a marketer's claim is adequately substantiated if it is challenged.

The FTC revisions modify and clarify sections of the previous Guides and provide guidance on environmental claims that were not common earlier. Among other modifications, the Guides caution marketers against making broad, unqualified claims that a product is "environmentally friendly" or "eco-friendly", because an FTC study indicates that such claims are likely to suggest specific and far-reaching environmental benefits, which very few products have.  This makes these claims nearly impossible to substantiate.

The Guides also contain new sections on: 1) certifications and seals of approval; 2) carbon offsets; 3) "free-of" claims; 4) non-toxic claims; 5) made with renewable energy claims; and 6) made with renewable materials claims.

 

About the Webinar

 

The webinar will provide a short explanation of the Green Guides and their potential impact on the marketing of "green," sustainable, and energy efficient products.  There will be a review of the new sections of the Guides and what your company needs to know when reviewing marketing claims.  The webinar will also discuss how the Green Guides can be used by the FTC and other parties to challenge marketing claims and provide guidance to companies in how to effectively use the Guides.

 

About the Speakers

 

Craig Fochler is a partner with Foley & Lardner LLP, a member of the firm's Intellectual Property Litigation Practice, and the Chair of its Chicago Office Intellectual Property Group.  He is also a member and former chair of the firm's Trademark, Copyright, and Advertising Practice and is experienced in all aspects of domestic and international trademark, copyright, and unfair competition law.  Mr. Fochler is also experienced in litigating advertising and trademark issues throughout the United States and supervising litigation internationally.  His teaching experience includes acting adjunct professor of trademarks and unfair competition at the Northwestern University School of Law and guest lecturer of deceptive advertising at John Marshall School of Law.

 

Aaron Weinzierl is an associate with Foley & Lardner LLP and a member of the firm's Intellectual Property Litigation Practice.  He has assisted clients in a broad array of intellectual property matters and has experience in cases alleging patent and copyright infringement, unfair competition, false advertising, and breach of technology license.
 
Registration Fee:
Member: $99              Non-Member: $199

 

Register Now!

 

Questions? Send an email to wdma@wdma.com.