If you haven’t looked at the Federal Trade Commission’s  “Green Guides”, now is the time.  The FTC published an update to the Guides for the Use of Environmental Marketing Claims on October 1.  This was a long awaited change since the last update was in 1998.  The Green Guides provide guidance on how to make claims about the green attributes of products and packaging.  A significant step forward in the updated Green Guides was made with new details on how to use green seals of approval and certification programs that add strength to their meaning.  This is a win for consumers – as well as for companies that have seen a proliferation of competitors’ claims dilute their product’s credible green certification and those looking to add certification claims and seals of approval to their green products. 

​I presented at one of the early workshops the FTC held when they were exploring what to update in the Green Guides.  In a marketplace full of green claims, a topic I was particularly interested in was how to effectively use seals of approval and certification.  Seals and certification can communicate important information about green attributes of products and give consumers the assurance they seek.  But do they? 

Of particular concern are “self-certification” and company-owned seals of approval, where a company decides to put a seal on their own product.  Do consumers understand the potential conflict of interest with these seals? The updated Green Guides require that seals and certifications clarify if they are company-run programs.  Trade association programs also need to be up front about their connections to industry. 

These examples from the updated Green Guides suggest that consumers expect certification claims and seals of approval to be based on independent programs – if they aren’t, that should be clear.  So, what are independent programs?  For the first time, the Green Guides define what certification from an independent body means.  This information can be used as a checklist for companies to determine which programs to use for green certification, see below.

Is it enough to get certified by an independent body? The FTC has long provided guidance on this point - if the seal or certification is not explicit about what product attributes it represents, then a statement about the basis for the claim is needed.  Any seals or certifications that imply far-reaching environmental benefits (e.g., “Earth Approved”) need to include a statement about the specific and limited benefits substantiated with the certification.  

With the newly clarified definition for independent certification and need for disclosing industry connections, the FTC has strengthened the meaning of seals of approval and certifications for the marketplace. This is just one of the many green claims the FTC takes on in its updated Green Guides.  Take a look - as the guides are a critical tool for marketers interested in making green claims.

The checklists below are adapted from the FTC Green Guides (details can be found at: http://www.ftc.gov/opa/2012/10/greenguides.shtm)

Certification by an independent body has the following characteristics:

• Meets a standard that is meaningful and sufficiently rigorous to substantiate the claim
• Standard developed and maintained by a voluntary consensus standard body with appropriate expertise
• An independent auditor with appropriate expertise applies the standard objectively

A voluntary consensus standard body has the following characteristics:

• Openness
• Balance of interest
• Due process
• Appeals process
• Consensus, general agreement with attempts to resolve objections