Presentation regarding the dangers of greenwashing in marketing

1. FORT LAUDERDALE
JACKSONVILLE
MIAMI
PALM BEACH
STUART
TALLAHASSEE
VERO BEACH
WEST PALM BEACH
Greenwashers Beware
Heed the Green Guide’s Advice
By: Gaida Zirkelbach, Esq.

2. FORT LAUDERDALE
JACKSONVILLE
MIAMI
PALM BEACH
STUART
TALLAHASSEE
VERO BEACH
WEST PALM BEACH

3. FORT LAUDERDALE
JACKSONVILLE
MIAMI
PALM BEACH
STUART
TALLAHASSEE
VERO BEACH
WEST PALM BEACH

4. Greenwashing:
misleading consumers regarding environmental practices or
benefits through marketing

5. Potential Legal Trouble for
Greenwashers
 Section 5 of the Federal Trade
Commission Act (the “FTC Act”)
 The Lanham Act
 Common law
 State deceptive trade practices acts
 The Securities and Exchange Act

6. Section 5 of the FTC Act
 Prohibits unfair or deceptive trade
practices
 Deceptive practice:
 likely to mislead reasonable consumers
 material to their decision to buy or use the products
 Unfair practice:
 causes substantial consumer industry
 not reasonably avoidable
 not outweighed by the benefits to consumers or
competition

7. The FTC’s Green Guides
 General principles applying to all
environmental marketing claims
 truthful
 accurate
 fully substantiated
 Guidance on specific green claims
 biodegradable, compostable, recyclable, recycled
content, and ozone safe
 Administrative Interpretations

8. Updated Green Guides
 “Because of the proliferation of
green claims in the marketplace…”
“changes in the marketplace” and
“consumer perception of
environmental claims”
 Workshops
 carbon offsets and renewable energy certificates
 green packaging claims
 green building and textiles

9. Enforcement Actions Imminent
 No enforcement actions for environmental
claims since 2000
 Currently investigating a variety of
environmental product claims
 Violations can result in:
 civil penalties
 criminal penalties
 injunctive relief
 restitution

10. Only .05% of green advertisements (1
in 1753) are not either patently false
or risk misleading audiences*
* according to GreenBiz.com

11. How to Avoid Greenwashing?
 Tell the Truth
 Be Accurate
 Prove It
 Look for Concerns

12. FORT LAUDERDALE
JACKSONVILLE
MIAMI
PALM BEACH
STUART
TALLAHASSEE
VERO BEACH
WEST PALM BEACH
Greenwashers Beware
Heed the Green Guide’s Advice
By: Gaida Zirkelbach, Esq.