On April 2, 2013, USDA released Draft Guidance here, here, and here addressing an issue that has plagued the National Organic Standards Board (NOSB”) for years: how to determine whether a substance is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
Green claims
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?
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…
Window Replacement Companies Settle Misleading Energy Claims Cases: What is the FTC “Up To?”
It may have been a mild winter for most of the U.S. but several window marketers are experiencing the chill of an FTC consent order. The companies in question marketed replacement windows which they alleged offered homeowners considerable energy savings. For example, they advertised significant savings in monthly energy bills along with certain guarantees if…
Lorax Gives Mazda Environmental Seal of Approval: FTC Chair to Ask Congress for Authority to Sue Cartoon Characters?
The countdown has begun in our households of six and four til the opening day for Dr. Seuss’ The Lorax. In the meantime the Lorax has been busy spreading the word to help the environment. Mazda recently unveiled a commercial touting its CX-5 as the only car to receive the Truffula Tree Seal of…