By Andrew H. Perellis and Craig B. Simonsen

Federal Trade Commission Doorway SignSeyfarth Synopsis: Companies that make “all natural” claims for their products may come under FTC scrutiny and enforcement.

The Federal Trade Commission announced five cases this week with companies that market their products as “all natural” or “100% natural,” alleging deceptive use of those phrases in ads for skincare products, shampoos, styling
Continue Reading FTC Asks – Are Your “All Natural” Claims All Accurate?

By Ilana R. Morady, Meagan Newman, and Craig B. Simonsen

Last week the Federal Trade Commission (FTC) sent warning letters to providers of environmental certification seals, and to businesses using those seals, alerting them to the Commission’s concerns that the seals “could be considered deceptive and may not comply with the FTC’s environmental marketing guidelines.”

In the FTC’s news
Continue Reading Be Careful About What you Claim – Or Fail to Claim – FTC Sends Green Guides Warning Letters

By Andrew H. Perellis and Craig B. Simonsen

shutterstock_71039011President Obama this week has announced various steps and actions in order to build on his “Climate Action Plan” intended to reduce the “dangerous levels” of carbon pollution that are allegedly contributing to climate change. His intention is to prepare communities for the impacts “that cannot be avoided,” and to
Continue Reading President Obama Takes Steps to Implement Climate Change Rules

By Ilana R. Morady, Meagan Newman, and Craig B. Simonsen

SaferChoiceThe U. S. Environmental Protection Agency introduced this week the “Safer Choice” label, indicating that Safer Choice helps consumers, businesses, and purchasers find products that perform well and are safer for human health and the environment.

We had blogged last year that EPA’s Office of Inspector General
Continue Reading EPA Unveils the Safer Choice Label

By James L. Curtis and Meagan Newman

woman hold scanner and scans barcode with laserTraceability, according to the June 2014 guide published by the U.N. Global Compact and sustainability advisory firm BSR, means: “The ability to identify and trace the history, distribution, location and application of products, parts and materials, to ensure the reliability of sustainability claims, in the areas of human rights, labor (including health and
Continue Reading Traceability: What Does it Mean for Your Business?

By Ilana R. Morady, Meagan Newman, and Craig B. Simonsen

The EPA, in an effort to expand the number of chemicals and functional-use categories on its  Safer Chemical Ingredients List (SCIL), is inviting chemical manufacturers to submit their chemicals for review and listing.

The SCIL includes chemicals that have met EPA safety criteria developed by the Design for the
Continue Reading EPA Wants Your Chemicals to be Designated as Safer Chemical Ingredients

By Philip L. Comella and Craig B. Simonsen

The U.S. Environmental Protection Agency recently ordered an orthotic shoe insert manufacturer to pay over $210,000 in civil penalties for making “unsubstantiated antimicrobial claims” about their orthotic shoe inserts – resulting in the sale and distribution of an unregistered pesticide, a violation of the Federal Insecticide, Fungicide, and Rodenticide Act (FIFRA).

This
Continue Reading Unsubstantiated Product Claims Bring Substantial Civil Penalties

By Ilana R. Morady and Craig B. Simonsen

In November 2013 EPA released its Draft Guidelines for Product Environmental Performance Standards and Ecolabels for Voluntary Use in Federal Procurement for public comment. The public comment period has now been extended until April 25, 2014.

The Guidelines are the Agency’s criteria for assessing private sector standards and ecolabels in order to
Continue Reading EPA Extends Comment Deadline for Draft Guidelines for Product Environmental Performance Standards and Ecolabels

Lawrence Moss and Scott Schonfeld recently published a client alert on the City of Chicago’s new Building Energy Use Benchmarking Ordinance. Chapter 18-14.

Chicago now joins several other major municipalities which have adopted similar legislation, including New York City, Washington D.C., Philadelphia, Minneapolis, Boston, and San Francisco. Subject to limited exceptions, and staggered reporting obligations, the Ordinance broadly requires
Continue Reading Mandatory Energy Benchmarking Ordinance

By Ilana R. Morady and Meagan Newman

The Federal Trade Commission’s enforcement of green marketing violations is in full swing.

Last year, the agency published final changes to its Guides for the Use of Environmental Marketing Claims, commonly known as the “Green Guides.” We had previously blogged in some detail concerning the revisions. Now, with the revised Green Guides
Continue Reading FTC Aggressively Enforcing Improper “Green” Claims