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 2026

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

Cookies Settings

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

IP experts gathered in San Francisco last week to discuss the changing global SEP landscape and new licensing models for AI infrastructure
SKW Schwarz partner Daniel Kendziur explains how new green claims rules are changing his workload and bringing him into direct contact with marketing, PR and government affairs teams
The government is targeting earlier resolution of SEP disputes while ruling out a standalone IPEC rate determination track and restrictions on injunctions
Ana Castedo, who brings a strong focus on patent litigation, will help build the firm’s IP litigation offering in Madrid
A former scientist, inventor and now a patent practice leader, Hanane Fathi Roswall shares her views on leadership, diversity, the rise of AI and the promise of the UPC
With rumours that a third IP judge could yet join the England and Wales High Court, we run through some potential names while practitioners outline the importance of a well-stocked bench
Speaking to Managing IP at Via’s Bridge Summit in San Francisco, president Kevin Mack explains why the AI infrastructure boom is forcing a rethink of traditional SEP licensing and FRAND models
Law firms continue to sell clients on international footprints, but sprawling office networks count for little if financial structures discourage internal collaboration
Via's Qi pool expands its footprint in Asia with the addition of Chinese smartphone giant and Japanese auto company
Matthew Cassie becomes the tenth partner to join the firm’s London outpost, and the second since it opened its new headquarters in May this year
Gift this article