Truth in Advertising for Environmental Sustainability

“Sustainability” is in—but what does that term mean, when applied to products, services or brands? This article explores existing Federal Trade Commission (“FTC”) oversight of “sustainable” claims in marketing, centering on the FTC’s Guidelines for the Use of Environmental Marketing Claims (often referred to as the “Green Guides”). It analyzes thousands of public comments filed in a recent FTC quasi-rulemaking docket to inform proposed revisions to the Green Guides. The article suggests that the FTC include guidance on “sustainable” claims in its next revision to the Green Guides, and further recommends that the FTC formally extend the Green Guides to include claims made about brands and brand operations in response to growing use of “sustainable” claims in brand-level advertisements. This increased oversight of “sustainable” claims will instill confidence in consumers about the sustainable products they buy, help marketers make genuine “sustainable” claims, and foster competition and innovation in businesses to meet the demand for sustainable products.