In a recent NAD case Honeywell International, Inc. challenged claims made by Nest Labs, Inc. for its Nest Programmable Thermostats in print and internet advertising. Honeywell challenged several performance-related “up to” claims (claims that convey performance-capacity/energy-savings “up to” a certain percentage point). Rather than run through each claim in the 30+ page decision and the arguments on each side in their entirety, it is perhaps most ‘energy efficient,’ if you will, to evaluate NAD’s decisions related to the max performance claims.
Continue Reading How to Keep Cool with all of the Confusing Cases with ‘Up To’ Claims?
Old Drones Never Die, They Just Biodegrade
Regular readers of our blog know that we try to write about subjects that are very top of mind. But how to write an advertising blog about surveillance and snooping? Thankfully the University of Queensland in Australia has provided the answer – biodegradable drones. A team of researchers there have created two drones –
The One That Got Away: FTC Provides Little Guidance on Sustainable Seafood Label
When the FTC released its revised Green Guides last October, the Agency provided detailed guidance on a number of topics but declined to provide guidance on the claim of “sustainability.” In doing so, the Commission noted that its job is not to define terms but rather to help advertisers avoid making claims in a manner
USDA Releases Draft Guidance on the Definition of Natural vs. Synthetic
On April 2, 2013, USDA released Draft Guidance here, here, and here addressing an issue that has plagued the National Organic Standards Board (NOSB”) for years: how to determine whether a substance is agricultural or non-agricultural and synthetic or non-synthetic. These determinations are paramount when considering whether a substance may be used in
FTC Forces Paint Companies to Remove “Green” From Their Palette
The paint was hardly dry and the pixels hardly dissolved on the FTC’s revised Green Guides, before the Commission announced two green marketing settlements. Several paint companies had been marketing their paints as “free of” volatile organic compounds or VOCs as those of us who were organic chemistry majors like to call them. Eliminating
Upcoming Panels on Green Guides and Up To Claims
The ABA Antitrust Section is sponsoring two terrific free panels. One on Friday, October 12 at 2 p.m. with Jim Kohm from the FTC reviewing the final Green Guides. Another on Monday, October 15 will focus on the FTC’s recent cases involving “up to” or maximum performance claims. Amy Mudge will be moderating both panels.
The Final Green Guides Are Here
It just got a little easier being green. Yesterday, the FTC announced the final version of its revised Green Guides. And as one might expect, the FTC did not just recycle its prior draft but made some important revisions, based in part upon many of the approximately 340 unique comments it received.
Jim Kohm,
The Green Guides Are Coming? The Green Guides Are Coming?
Those of you who are students of history will remember that a draft of the FTC’s revised Green Guides came out almost two years ago, October 6, 2010 to be precise. Just prior to their release the FTC provided a preview at the NAD conference in New York. Well is history about to repeat itself?
We Will Blog About “Up To” Up To 3 Times
It seems that we all just can’t get enough of “up to.” Earlier this week the FTC sent letters to 15 window or window glass manufacturers notifying them that the Commission recently settled allegedly misleading “up to” energy savings claims for windows and that a staff review of their website found similar claims that may
Free The Green Marketing Guides! Green Claims Continue To Dominate Marketplace
The clock continues to tick on the release of final revised Green Marketing Guides by the FTC. Predicting the timing of such things is invariably almost entirely guesswork but we can’t help but speculate that the prospect of an upcoming close Presidential election and possible turnover at the top of the FTC depending upon how