Entries tagged “False Advertising”
Insight February 16, 2011
When engaging in national advertising (including via websites), green claims must make clear to which aspect of a product line or business they apply. Claims must be substantiated by evidence, which companies should be prepared to provide in the event that it is sought by consumers or competitors. Failure to substantiate one’s green claims may result in a NAD or FTC proceeding, or worse yet, false advertising litigation.
Insight Yaacov P. Silberman · December 17, 2010
As we await the release of the FTC Green Guides, advertisers also should be aware of the BBB’S National Advertising Division (“NAD”) as a potential means for dispute resolution for false advertising claims.
Insight August 23, 2010
The Federal Trade Commission ("FTC") was created in 1914 to regulate unfair trade practices. It issued its first set of Guides for the Use of Environmental Marketing Claims (commonly known as the Green Guides) under in 1992, which it then updated in 1996 and 1998. The Green Guides are meant to provide guidance to marketers so they can avoid making unfair and/or deceptive environmental advertising claims. Imagine that! Technically, the Green Guides informally interpret Section 5 of the FTC Act (15 U.S.C. §§ 41-58) ("The Act"), which governs unfair and/or deceptive advertising claims, including claims about environmental benefits and practices. Essentially, the Guides are a play book for how to stay out of trouble with the FTC.