It May Not Be Easy Being Green – But We May Be Able To Help

First issued in 1992 and revised in 1998, the Federal Trade Commission three years ago (2007) began an extensive review of its Guides for the Use of Environmental Marketing Claims, also known as the "Green Guides," focusing mainly on the dividing line between deceptive and non-deceptive speech. Noting the increasing use of "greenwashing" – the use of unsubstantiated environmental claims in advertising – the FTC is seeking to spell out the specific environmental claims that advertisers can and cannot make about their products and services. After hearings, surveys and feedback, the FTC recently formulated draft revisions to the Green Guides, publishing them for public comment.

Our own John P. Feldman prepared an insightful analysis of the draft revision and what it may mean if it is ultimately adopted by the FTC in its current form. That analysis, originally prepared as a presentation to lawyers, and advertising and marketing professionals, has now been recast into a narrative discussion; and thanks to the assistance of Carolyn Boyle and the editorial staff at the International Law Office, you can read all about it on the International Law Office website. The article, published as the Revised Green Guides: A Balanced Approach to Environmental Claims in Advertising, represents a terrific overview of the FTC’s current thinking in this area, and it is a must read for any legal, regulatory, advertising and marketing professional who does "green" marketing and advertising or who may be responsible for it. 

If you need help, need more information, or need knowledgeable counsel and representation in this important area of law and regulation – either now or increasingly in the future – please don’t hesitate to contact John P. Feldman directly, or me, Joe Rosenbaum, or any of the Rimon attorneys with whom you regularly work.

FTC Revised Green Guides – It Isn’t Easy SAYING You Are Green

It’s no longer simply a matter of saying it isn’t easy BEING green, as Kermit the Frog has done for decades; now it isn’t easy SAYING you are "green" – the latest buzzword denoting environmentally friendly advertising: Green Marketing. The Federal Trade Commission (FTC) is in the process of revising its Green Marketing Guidelines and has published proposed rules for public comment. 

John P. Feldman in our Washington, D.C., office, has experience and a strong and insightful understanding of the Green Guidelines, and he has prepared an analysis of where we are and where the FTC thinks we should be going – subject to an opportunity for you to file comments. 

So here is the bottom line. John’s analysis, The FTC’s Green Guidelines, is now available for your review. You can download your own copy through the link as well. In addition, the comment period is soon closing, so if you are concerned about anything in the proposed revised Green Guidelines, now would be a good time to wake up and smell the recyclable coffee and get your comments to the FTC. Not sure what the guidelines mean to you? Not sure how best to comment? Well that’s where John’s skill and experience come in – feel free to contact John P. Feldman ( directly and he will be glad to help assess your needs and prepare comments for filing should you wish to do so. 

Even if you opt not to participate in the public regulatory dialogue, if you advertise, market or even think about touting how environmentally friendly you, your products or your services are – better call John! Of course, if you are already a client of Rimon, feel free to contact me, Joseph I. ("Joe") Rosenbaum (, or the Rimon attorney with whom you regularly work, and we’ll make sure you get to John and get the assistance you need.