Green Building Law Update

Environmental Law and Sustainability for Business

Tag Archives: FTC

FTC Seeks Public Input on Update to Green Guides for Environmental Claims

By Stuart Kaplow on Posted in Environmental, Federal, greenwashing
The Federal Trade Commission announced last Wednesday that it is seeking public comment on updates and changes to the Green Guides for the Use of Environmental Claims. In an era when charges of greenwashing and green hushing are proliferating across social media while at the same time governments are mandating ESG including environmental disclosures by businesses, … Continue Reading

FTC Says Updated Green Guides are Coming

By Stuart Kaplow on Posted in ESG, Federal, Green Washing, greenwashing
With allegations of greenwashing all but de rigueur, businesses should be on the alert for the soon to be released Federal Trade Commission’s updated Green Guides. This year companies are being publicly challenged and having their reputations tarnished for greenwashing, in some instances for deceptive misrepresentations, others for unintentionally misleading, and more often than not, … Continue Reading

FTC Regulates What You can Say about Your Solar Panels

By Stuart Kaplow on Posted in ESG, Solar Panel, Sustainability, wind turbine
A business that generates renewable energy, say, with solar panels, but sells the Renewable Energy Certificates (RECs) for that renewable energy may not then claim it “uses” renewable energy. The Federal Trade Commissions has prescribed that such would be deceptive. That guidance from the FTC is not new, but as both onsite and offsite renewable … Continue Reading

What You Can Say about RECs is Regulated by the FTC

By Stuart Kaplow on Posted in Energy, Federal, Solar Panel
Businesses who generate renewable energy, say, by using solar panels, but sell the Renewable Energy Credits (RECs) for the renewable energy they generate shouldn’t claim they “use” renewable energy. The Federal Trade Commissions has advised that such a claim would be deceptive. The guidance from the FTC is not new, but as renewable energy becomes … Continue Reading

FTC Finds Truly Organic is Not

By Stuart Kaplow on Posted in Environmental, Federal, Green Washing
By way of a federal court order that became final last month, Truly Organic Inc. and its founder will pay $1.76 million to settle a Federal Trade Commission greenwashing complaint alleging that their nationally marketed bath and beauty products are neither “certified organic” nor “vegan” as falsely claimed. According to the FTC’s complaint, in this … Continue Reading

Renewable Energy Claim is Deceptive

By Stuart Kaplow on Posted in Energy, Solar Panel, wind turbine
This past week and there have been many other times this law firm was consulted about a marketing claim by a building owner with rooftop solar panels that advertises they “use” renewable energy, but the owner sells Renewable Energy Certificates (RECs) for the renewable energy it generates, so the Federal Trade Commission says it shouldn’t … Continue Reading

FTC Settles Charges Over Deceptive Zero VOC Claims

By Stuart Kaplow on Posted in Environmental, Federal, Green Building
Paint Can Label from Exhibit B in FTC Complaint
Four paint companies have agreed to settle Federal Trade Commission charges that they deceptively promoted products as containing zero volatile organic compounds (VOCs) or as emission free, including during and immediately after application. Some promotions also made explicit safety claims. Specifically, the first FTC complaint alleges, In connection with the advertising, promotion, offering for sale, … Continue Reading

Solar Powered Advertisement is Deceptive

By Stuart Kaplow on Posted in Federal, Solar Panel
Billboard in Italian Train Station
A business installs photo voltaic panels on its roof to generate power, and advertises that it is “solar powered.”  The business, however, sells the Renewable Energy Certificates (RECs) that are generated by the solar power. Even if the business is near net zero for electricity generated by the solar panels, according to guidance from the … Continue Reading

FTC Order Restricts use of “All Natural”

By Stuart Kaplow on Posted in Environmental, Federal, Sustainability
The Federal Trade Commission issued a summary decision against California Naturel, Inc., for falsely advertising its sunscreen product as “all natural” in violation of Sections 5 and 12 of the FTC Act. In a December 12, 2016 opinion, written by Chairwoman Edith Ramirez, the FTC describes how the company promotes its “all natural” sunscreen on … Continue Reading

Organic on the FTC Agenda

By Stuart Kaplow on Posted in Environmental, Federal, LEED, Sustainability
The word “organic” as it relates to non-agricultural products is the topic of the October 20, 2016, roundtable sponsored by the Federal Trade Commission and the U.S. Department of Agriculture. This is a big deal. The roundtable will explore interpretations of organic claims for products that fall outside the scope of the USDA’s National Organic … Continue Reading

FTC Warning about Green Certification Seals

By Stuart Kaplow on Posted in Environmental, Green Washing, LEED
Image Federal Trade Commission
Three weeks ago the Federal Trade Commission sent warning letters to 5 providers of environmental certification seals and 32 businesses using those green seals, alerting them to the Agency’s concerns that the seals could be considered deceptive in violation of federal law. The FTC enforces the Federal Trade Commission Act, 15 U.S.C. § 45, which … Continue Reading

Do Not Sell the RECs and Claim the Building Uses Renewable Energy

By Stuart Kaplow on Posted in Federal
Owners of building that generate onsite renewable energy, with solar panels or otherwise, and sell the renewable energy credits (RECs) should not claim the building "uses renewable energy." The uncertainty of the solar panel market and the fast changing industry that is in large measure supported by RECs, constantly raises questions about what marketing claims a building owner can make about renewable energy installations on their property.… Continue Reading

FTC To Ramp Up Enforcement of Environmental Claims

By Stuart Kaplow on Posted in Federal
The Federal Trade Commission will begin to ramp up enforcement of environmental claims .. The coming crackdown on environmental claims follows an update of the FTC's Green Guides last year that set forth the commission's current views on environmental marketing to help business avoid making unfair or deceptive claims.… Continue Reading
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