Marketers are eager to promote the environmental benefits of products, services, and even corporate business practices to consumers who are increasingly seeking to buy green. But pressure is being brought by consumer and environmental groups to ensure that green claims can be substantiated.

Advertisers face two primary challenges in environmental marketing:

• Legal challenges to environmental claims from the FTC and state attorneys general (especially California and New York) and competitor challenges under the Lanham Act regarding substantiation of green marketing claims, and,
• The confusion surrounding green terms, such as "renewable," "sustainable," and "environmentally friendly," making it difficult for consumers to understand what they are buying and for the significant benefits of truly environmental products to stand out.

The advertising law attorneys at The Lustigman Firm represent companies that produce, market and distribute green products in the U.S. and across the globe. We assist our clients through every stage of their advertising campaigns — from advertising review to minimize the risk of competitor challenges, to representation in regulatory investigations, to defense in regulatory or advertising litigation.

We also help our clients protect their business interests by bringing competitor challenges against companies whose environmental claims and product labeling are likely to mislead a reasonable consumer.

Changes Are Coming Soon that will Affect Environmental Claims

Environmental claims come under scrutiny from the Federal Trade Commission (FTC), from competitors, from state consumer protection statutes, and from the National Advertising Division (NAD) of the Council of the Better Business Bureau. At question is whether a company's claims are deceptive and likely to mislead.

• Did the environmental claim play a significant role in the consumer's decision to buy the product or service?
• Was there "competent and reliable" evidence to substantiate the claim of environmental benefit?

Existing FTC regulations are likely to be revised. These revisions will look at the scientific aspects of advertising substantiation — how is a product earth friendly or friendlier — and what kind of limitations there should be in on making environmental claims.

At The Lustigman Firm, our lawyers are prepared to help clients repeated balance in making environmental friendly claims that don't run afoul of standards promoted by the FTC, and concerns from environmental watchdog groups.

Before you launch your next green campaign, contact The Lustigman Firm at (212) 683-9180 to speak directly to an advertising law attorney. We represent clients in New York, New Jersey, throughout the United States and in Canada. We also advise clients on international green guidelines and enforcement efforts in countries that regulate environmental claims (the United Kingdom, France, Australia, and Scandinavian countries).

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