A guide to asserting your green credentials

Managing IP is part of Legal Benchmarking Limited, 1-2 Paris Gardens, London, SE1 8ND

Copyright © Legal Benchmarking Limited and its affiliated companies 2025

Accessibility | Terms of Use | Privacy Policy | Modern Slavery Statement

A guide to asserting your green credentials

Companies that want to make claims about the environmental attributes of their products now have a new guide to getting it right from the FTC, the US competition and consumer watchdog

The Federal Trade Commission has issued revised versions of its so-called green guides to help marketing specialists avoid making spurious claims about their companies’ products.

“The introduction of environmentally friendly products into the marketplace is a win for consumers who want to purchase greener products and producers who want to sell them,” said FTC Chairman Jon Leibowitz. “But this win-win can only occur if marketers’ claims are truthful and substantiated.”

The rising number of companies making claims about the environmentally-friendly claims of their products has made it a hot topic for marketing specialists and for the IP lawyers who advise them. Two years ago INTA hosted a session on green marketing at its Annual Meeting.

But companies that adopt this marketing tactic run the risk of being accused of greenwashing if they cannot substantiate their statements.

To avoid that charge, the updated guides caution marketers not to make broad, unqualified claims that a product is “environmentally friendly” or “eco-friendly”. That’s because a consumer perception study carried out for the FTC reveals that these kinds of claims are likely to suggest that the product has specific and far-reaching environmental benefits.

They also contain a new section on certifications and seals of approval. These set out how marketers could disclose a so-called material connection that might affect the weight or credibility of an endorsement. The FTC also discourages the use of environmental certifications or seals that don’t clearly convey the basis for the certification, because such seals or certifications are likely to convey general environmental benefits.

Although the Green Guides are not agency rules or regulations, they describe the types of environmental claims the FTC might find deceptive, which could ultimately lead to a Commission ban on the advertising.

Managing IP has published an IP clinic on using certification marks offered by certifying organisations. You can read advice from the Soil Association, the CEO of a fair trade coffee company and a lawyer who advises businesses who want to certify their products.



more from across site and SHARED ros bottom lb

More from across our site

Inès Garlantezec, who became principal of the firm’s Luxembourg office earlier this year, discusses what's been keeping her busy, including settling a long-running case
In the sixth episode of a podcast series celebrating the tenth anniversary of IP Inclusive, we discuss IP Futures, a network for early-career stage IP professionals
Rachel Cohen has reunited with her former colleagues to strengthen Weil’s IP litigation and strategy work
McKool Smith’s Jennifer Truelove explains how a joint effort between her firm and Irell & Manella secured a win for their client against Samsung
Tilleke & Gibbins topped the leaderboard with four awards across the region, while Anand & Anand and Kim & Chang emerged as outstanding domestic firms
News of a new addition to Via LA’s Qi wireless charging patent pool, and potential fee increases at the UKIPO were also among the top talking points
The keenly awaited ruling should act as a ‘call to arms’ for a much-needed evolution of UK copyright law, says Rebecca Newman at Addleshaw Goddard
Lawyers at Lavoix provide an overview of the UPC’s approach to inventive step and whether the forum is promoting its own approach rather than following the EPO
Andrew Blattman, who helped IPH gain significant ground in Asia and Canada, will leave in the second half of 2026
The court ordering a complainant to rank its arguments in order of potential success and a win for Edwards Lifesciences were among the top developments in recent weeks
Gift this article