For
this blog post, I want to address the Federal Trade Commission (FTC) and its
stance on green washing and some related cases that fell into its jurisdiction.
On a side note, the FTC is celebrating 100 years in operation! Congrats.
The
FTC created its Green Guides in the
early nineties, and recently updated them last fall.
The guidelines “help marketers avoid making environmental marketing claims that are
unfair or deceptive…and the Commission can take action under this Act if a marketer
makes an environmental claim inconsistent with the guides.” (FTC.gov)
It is incredible how vigilant consumers must be in the green market. In this realm, claims with no scientific backing as well contradictory information fly overhead. Hard-to-find information on dense product websites that disputes the ad itself are likely only a few tactics marketers have up their sleeves. Here I provide three cases that all made their way into the crosshairs of the FTC, and in each case, the punishments enacted were settlements - $16,000. Weak? Perhaps.
CASE 1: gDiapers make biodegradable claims
Portland-based
company Down to Earth Designs and its products gDiapers and gWipes, were cited
by the FTC for claiming its diaper (composed of three parts) had no plastic components, and that the
diapers and wipes were 100% biodegradable.
The FTC shot back that the products, “are not biodegradable because they do no completely
break down and decompose into elements found in nature within one year after
customary disposal, which is in the trash” (FTC.gov)
One of the key aspects to note with this case in particular is the claim of the defendant of compostability
at home. For those who understand composting, ( a practice that can be wildly confusing actually, and don't get me started on the poor signage surrounding public composting operations) one of the main precautions
about home composting is never to compost solid waste, such as poop. The diaper packaging attempted to
specify this and spoke of limitations to this in
its website – but the FTC ruled that these attempts were not apparently not conspicuous enough.
(https://www.consumer.ftc.gov/blog/time-change-gdiapers-product-claims)
Press
release to gDiapers
Settlement:
CASE 2: N.E.W. Plastics Corp and recycled claims on plastic lumber products
Wisconsin-based
plastic lumber production company had to remove its claims of its products
being recyclable and having recycled content. In this case, the FTC cited the business and its marketing faux pas: “the FTC bars N.E.W. from making unqualified
recyclable claims about any product or package, unless the product or package
can be recycled in an established recycling program, and such facilities are
available to at least 60 percent of consumers or communities where the product
or package is sold” (FTC.gov)
Basically, if it is difficult for a consumer to find out exactly where to recycle a product, you cannot claim that a product is 100% recyclable.
(N.E.W. Plastics Corps)
CASE 3: Three Companies barred from advertising mattresses as free from Volatile Organic Compounds without scientific evidence to back up claims
As the headline states, three mattress makers were cited at once as advertising their products to be free from the harmful compounds that can be emitted from certain products and inhaled, these are the VOCs, or Volatile Organic Compounds. When the rubber hit the road however, they could not produce the scientific evidence to prove it. Even more telling, is the fake certification of being all natural that one of the companies awarded itself, claiming it was from a third party group, though the company created the certification in-house.
This is a problem not limited to mattresses - personal care products are also unregulated with terms like 'natural' and 'organic', and often make up confusing labels that they say come from a third party. At this time, the term organic is not limited to use by products meeting the USDA's certification standards, though groups are working to fix this loophole (Organic Consumers Association, 2014).
(How VOCs move from foam pads into the human body - babies are particularly susceptible as they spend over 50% of their time sleeping. http://blog.omimattress.com/category/voc/)
The three
cases highlight the specific ways marketers can green wash their products to
consumers, whether they know it or not. The first two cases demonstrate claims
in ads that are hard for consumers to find out about from the company
themselves, while the third specifically cites a lack of scientific evidence in
the claims of the company’s ads.
Buyer beware.
Buyer beware.
sources:
Federal Trade Commission (2013). Guides for the use of environmental marketing claims. Retrieved from: http://www.ftc.gov/sites/default/files/attachments/press-releases/ftc-issues-revised-green-guides/greenguides.pdf
Federal Trade Commission (2013). N.E.W. plastics corp. Retrieved from http://www.ftc.gov/system/files/documents/cases/140221newplasticscmpt.pdf
Federal Trade Commission (2013). Ecobaby organics inc. Retrieved from http://www.ftc.gov/sites/default/files/documents/cases/2013/07/130725ecobabycmpt.pdf
Organic Consumers Association (2014). Retrieved from: http://www.organicconsumers.org/bodycare/index.cfm
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