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?

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

On April 2, 2013, USDA released Draft Guidance here, here, and here addressing an issue that has plagued the National Organic Standards Board (NOSB”) for years: how to determine whether a substance is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

Paint_paletteThe 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

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 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