Spotlight on Food Advertising and Marketing

What It Really Means to be “Green” in 2024: Mastering the Intricacies of Making and Substantiating Green Claims in Today’s Regulatory Landscape

May 1, 2024 1:00pm

Joseph Aquilina
Vice President & Deputy General Counsel
Consumer Brands Association

Andrew Lustigman
Olshan, Frome, Wolosky LLP

Steve Toeniskoetter
Associate General Counsel, Regulatory
Niagara Bottling

  • Examining the new proposed changes to the Green Guides and the impact that FTC’s contemplated rulemaking could have on environmental marketing claims
  • Exploring differences in FTC’s guidance and state law requirements for the term “recyclable”
    • Best practices for how to deal with patchwork state laws regarding environmental claims, such as “recyclable” “eco-friendly” and “compostable”
  • Understanding what the FTC means by “greenwashing” and how to avoid penalties when making claims
  • Understanding what is needed to back up claims of products being recyclable, biodegradable, carbon neutral, and beyond
    • What types of testing is needed? Where should the data come from?
  • Managing the risks associated with vendors making claims about your products
  • Reviewing and understanding green claim trends that are vulnerable to class-action activity
    • Recyclable packaging
    • Renewable energy