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Green is the New Black

Green is the New Black. Nancy J. Felsten, Davis Wright Tremaine LLP Kathryn Barrett Park, General Electric Company Thomas P. Schur, Frito-Lay, Inc . David G. Mallen, National Advertising Division. Where It All Began…. Renewed Attention to the Environment:.

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Green is the New Black

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  1. Greenis the New Black Nancy J. Felsten, Davis Wright Tremaine LLP Kathryn Barrett Park, General Electric Company Thomas P. Schur, Frito-Lay, Inc. David G. Mallen, National Advertising Division

  2. Where It All Began…

  3. Renewed Attention to the Environment: Climate Change & Rising Energy Costs

  4. From Greener Energy…

  5. …to Green Fashion… “GLOBAL WARMING READY”

  6. …to Green Make-up…

  7. to Green Television.

  8. zero-impact feedstock ECO-SMART environmentally safe feedstock content Bioenergy renewable sustainable cradle to cradle sustainability photodegradable cradle to grave CARBON OFFSETS CLEAN ENERGY greenhouse gases renewable resource eco-friendly life cycle alternative fuels energy intensity ozone-friendly recycled naturally derived environmentally friendly environmentally preferable non-toxic renewable energy credits compostable energy efficient environmental management systems (EMS) RENEWABLE green purchasing biodegradable degradable carbon neutral carbon footprint earth-friendly BIO-BASED recyclable NATURAL CONTENT environmentally safe

  9. Greenwashing: A Pervasive Problem?

  10. The Green Guides The FTC’s “Green Guides” do not have the force of law, but provide a safe harbor for advertisers. They help advertisers understand how the FTC intends to apply Section 5 of the FTC Act. Section 5 prohibits: Unfair acts and practices; & Deceptive acts and practices.

  11. General Principles of the FTC’s Green Guides Principle #1:Qualifications and disclosures necessary to avoid misleading consumers must be clear, prominent, and understandable. Principle #2:Claims must be presented in such a way as to make it clear whether they relate to a product, the packaging, and/or the company’s practices. Principle #3:A claim must not overstate an environmental attribute or benefit, either expressly or by implication. Principle #4:Comparative environmental claims must be presented in a way that makes the basis for the comparison clear.

  12. Specific Claims Currently Covered by the Guides There are currently 8 categories: General environmental benefit claims Degradable/Biodegradable/Photodegradable Compostable Recyclable Recycled content Refillable Source reduction Ozone safe and ozone friendly

  13. Carbon Neutral Claims

  14. Third-Party Certification Claims “The 1st ECOCERT* Certified Organic line of makeup in the U.S.”

  15. Green Building Claims

  16. Organic Clothing Claims “Organic cotton clothing”

  17. How the Green Guides May Change New Terms/Claims the Green Guides May Address: Sustainable Claims Renewable Claims Life Cycle Claims Carbon Offsets Renewable Energy Credits Carbon Footprint Claims Carbon Neutral Claims Bio-based Claims Third Party Certifications “Green” or “Organic” Textiles Claims “Green” Building Claims

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