Letter to Senate Commerce Committee re: FTC Nominees and Gre
Senate Has Opportunity to Inquire about Green Guides - Will They??!!
September 19, 2023
Dear Senator:
In advance of your hearing on the nominees to the Federal Trade Commission (FTC), we ask you to inquire about the status of the FTC’s review of the Green Guides. In your oversight capacity as members of the Senate Commerce Committee, you have the ability to elevate this critical issue and let the nominees know that this is of importance to you and to Americans who care about sustainability, recycling and green washing, among other issues.
On December 14,, 2022, pursuant to its decennial regulatory review schedule, the FTC announced a solicitation for public comment about the efficiency, costs, benefits, and regulatory impact of the Guides to determine whether to retain, modify, or rescind them. During the four month comment period, thousands of comments were submitted by interested parties.
The Green Guides, first promulgated in 1992, “outline general principles that apply to all environmental marketing claims and provide guidance regarding many specific environmental benefit claims…[and]…explain how reasonable consumers likely interpret each such claim, describe the basic elements necessary to substantiate it, and present options for qualifying it to avoid deception.”
For businesses, they provide practical advice and examples on how to accurately and responsibly make environmental claims on products without being deceptive. There is also benefit for consumers who increasingly want to align their values with their shopping behavior. We applaud the (FTC) for commencing a comprehensive review of the Green Guides which have been a valuable resource for brands, marketers, retailers, and consumers since they were first introduced over 30 years ago, but have not been updated since 2012.
In the past decade, much has changed in terms of technology, and of consumer awareness and interest, which affects the applicability of the Guides today. These changes should be taken into account in any review. In particular there are 3 areas which deserve attention from the FTC.
Sustainability:
Over the past few years, there has been exponential growth in sustainability claims by businesses. When the Guides were last reviewed in 2012, the FTC affirmatively decided not to act in these areas. But, without guardrails on this term, or data to substantiate these claims, there is risk the term becomes meaningless, or even detrimental to efforts to promote healthy environmental practices. Consideration of this term should be part of the FTC’s review process.
Recycling:
As interest in, and action on, recycling has grown over the years, so has confusion about what is recyclable. And this has become particularly problematic for textiles, which include footwear, apparel and accessories. Recycling clothes is challenging because items often contain a mix of synthetic and organic fibers, which require different recycling methods and pre- and post-consumer items are handled differently. Unfortunately, at a recent FTC workshop dedicated to recycling, there was no discussion of textiles. It is imperative that textiles be considered in the context of recycling claims covered by the Guides.
Greenwashing:
While there is no official definition of “greenwashing” it is generally understood to mean a practice of promoting products or services as more “environmentally friendly”, “green”, or “sustainable.” However, those terms do not have legal definition which further complicates the issue. The FTC has commenced high-profile litigation against a handful of perpetrators, but there is more that needs to be done. Possible actions include requiring stricter requirements for substantiating marketing claims and stronger agency enforcement. The FTC needs to be provided the financial tools to achieve these and other goals.
We do not presuppose the outcome of an FTC review of the Green Guides. We look forward to a robust debate and discussion amongst all stakeholders - brands, advocacy organizations, scientific and policy experts, and importantly, consumers. We appreciate your interest in the Green Guides and ask that you inquire on the status of the review, and specifically, any developments or ideas in the areas of sustainability, recycling and greenwashing.
We would look forward to discussing these issues further with you at your convenience.
Sincerely,
Amendi * American Circular Textiles * Eileen Fisher * Everlane * Jewelers Vigilance Committee
* SCRAPNYC * SuperCircle * Thousand Fell * UpWest
Amanda Agati, Partner, Fross Zelnick Lehrman & Zissu, P.C.
Beth Stewart, Executive Director, Redress Raleigh
Dale Walkonen, Executive Producer, FacingFuture.TV
Dana Davis- VP of sustainability, product and business strategy, Mara Hoffman
Emma Hakansson, Founding Director of Collective Fashion Justice
Gabriela Kaganovich, J.D. Candidate
Joseph F. Murphy, Esq., Adjunct Professor, Administrative Law, NYC College of Technology
Lauren Fay, BFG Lab
Michelle Feinberg, New York Embroidery Studio
Nicole Robertson, Founder & CEO Swap Society
Ngozi Okaro, Executive Director, Custom Collaborative
Rebecca Ballard, Rebecca Ballard Advisory
Robyn T. Williams, Esq.
Thania Peck, Catcher in the Style
Whitney McGuire, Esq. Co-Founder, Sustainable Brooklyn
Contact: Hilary F. Jochmans
Hilary@PoliticallyInFashion.com
@PoliticallyInFashion
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