Environmental Claims

FTC Regulation on Environmental Claims

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Ocean Cargo
Country of Origin
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What is Environmental Claims

Marketers should not make broad, unqualified general environmental benefit claims like ‘green’ or ‘eco-friendly.’

Many companies make claims and design packages to promote the green attributes of their products such as “green,” “environmentally safe” or “eco-friendly.” Claims like these may sound great, but they’re too vague to be meaningful. The fact is, all products have some environmental impact. Broad claims are difficult to substantiate, if not impossible.

The Federal Trade Commission (FTC) issued revised “Green Guides” that are designed to help marketers ensure that the claims they make about the environmental attributes of their products are truthful and non-deceptive.

The Guides advise that marketers

  • should not make broad, unqualified claims that a product is “environmentally friendly” or “eco-friendly” because the FTC’s consumer perception study confirms that such claims are likely to suggest that the product has specific and far-reaching environmental benefits. Very few products, if any, have all the attributes consumers seem to perceive from such claims, making these claims nearly impossible to substantiate.
  • should not make an unqualified degradable claim for a solid waste product unless they can prove that the entire product or package will completely break down and return to nature within one year after customary disposal;
  • caution that items destined for landfills, incinerators, or recycling facilities will not degrade within a year, so marketers should not make unqualified degradable claims for these items; and
  • clarify guidance on compostable, ozone, recyclable, recycled content, and source reduction claims.

The Green Guide – Business Tips – Federal Trade Commission

In-Depth Coverage: Marketing and Advertising Compliance

Marketers should qualify general claims with specific environmental benefits. Qualifications for any claim should be clear, prominent, and specific.

When a marketer qualifies a general claim with a specific benefit, consumers understand the benefit to be significant. As a result, marketers shouldn’t highlight small or unimportant benefits.

If a qualified general claim conveys that a product has an overall environmental benefit because of a specific attribute, marketers should analyze the trade-offs resulting from the attribute to prove the claim.

For example, claiming “Green, made with recycled content” may be deceptive if the environmental costs of using recycled content outweigh the environmental benefits of using it.

Common Green Claims

Free Of

Companies may make a point of telling you their products are “free of” a chemical or ingredient that may be a concern. When marketers say a product is “free of” an ingredient, they should be able to prove that the product doesn’t have any more than a harmless trace amount of it — and that the product is free of any other ingredient that poses the same kind of risk.

Non-Toxic

Marketers who say a product is “non-toxic” should have proof that the product is safe for both humans and the environment. If it’s safe for humans or the environment, the product should say which one the non-toxic claim applies to.

Ozone-Friendly

All ozone is not alike. The ozone layer in the upper atmosphere prevents harmful radiation from the sun from reaching the earth. But ozone at ground level forms smog and can cause serious breathing problems for some people.

If a company claims its products are “ozone-friendly” or “ozone safe,” it should have proof that the products do not harm the upper ozone layer and the air at ground level.

In-Depth Coverage: Country of Origin

Less Waste

A marketer should do more than claim its product or package is made with “less waste;” it should give specifics about the comparison. For example, a company could say a product has 10 percent less waste than a previous product.

Recyclable

A company can say a product is recyclable — or put the universal recycling symbol on it — if most people who buy the product can recycle it. But that doesn’t mean you’ll be able to recycle it in your area. Ask your city or county government about local recycling options.

Made With Renewable Materials

A marketer that claims a product or package was made with renewable materials might tell you what the materials are, why they’re renewable, and how much of the product was made with renewable material. For example, a manufacturer could say, “Our flooring is made from 100% bamboo, which grows at the same rate as we use it.”

For further information of environmental claims and green guides please refer to the following links to FTC Websites.

In-Depth Coverage: Importing Cosmetics

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An ISF is required when cargo (ocean only) laden on vessel at a foreign port is destined for shipment to the U.S.  Under ISF rule, some importing information and details regarding cargo must be transmitted to the CBP at least 24 hours before goods are loaded onto the vessel.

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If you want to sell your goods in U.S. marketplace, but you are a business owner located outside of the U.S. and do not have a presence in the U.S., you need to be established as a Foreign Importer of Record before your goods can be imported into the U.S. We can help you. 

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Section 321 entry allows importing free of duty and tax for shipments imported by one person on one day having a fair retail value in the country of shipment not more than $800. We provide our resident and non-resident clients with dedicated ACE eManifest solutions for Section 321 entry of all modes of transportation. 

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Customs Binding Ruling

Taking steps to ensure compliance is very important in order to avoid potential problems during the clearance process. The Customs binding ruling program enables importers to receive a binding ruling from CBP on the treatment of your goods when entering the U.S. 

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