Free Report Reveals Formula for Green Guide Compliance It’s been over a year since the FTC released their new green marketing guidelines. Since then, the agency has conducted three major Green Guide compliance crackdowns, each involving multiple companies. The FTC appears to be systematically targeting specific industries for audit. Will your industry be next? And if it is, are you prepared to weather the storm? My complimentary white paper, The FTC Green Guides Made Simple: A Companion Guide for Green Marketing Compliance will help you navigate the tricky waters of green marketing compliance. In this engaging report, we'll first explore the purpose of the Green Guides and how they affect your business. I’ll then explain the “reasons why” behind the FTC’s guidelines, so you can quickly recognize whether – and how – your messaging needs to change.

1. The FTC Green Guides...
Made Simple
A Companion Guide for Achieving Green Marketing Compliance

2. Introduction
Contents
“The release of the revised Green
Introdcution . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 1
Part 1: The Green Guides and You
What are the Green Guides and why are they important? . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 3
Beware the Lurking Tiger. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 5
Examples of FTC and other enforcement action* on green claims. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 6
Guides will likely lead to more
enforcement by the FTC... and
an increase in actions between
competitors to force compliance
with the guidelines.”
Befriending the Tiger . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 7
Mary Ann Mullin and Daniel J. Deeb,
Taming the Tiger. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 8
environmental attorneys with national law firm
Transparency: the Heart of Green Compliance. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 9
Schiff Hardin LLP
Part 2: The Q.U.I.E.T. Method for Transparency in Environmental Messaging. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 10
Quantify & Qualify . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 11
Understand Sustainability . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 12
On October 1, 2012, the Federal Trade Commission
released its long-pending revisions to the Guides for
the Use of Environmental Marketing Claims (more
commonly known as the Green Guides.)
These revisions – the first in 14 years – reflect the profound changes
that have taken place in the production and marketing of green and
sustainable products and services. They underscore the increasing
importance of sustainability in our society, along with a growing
intolerance of misleading environmental claims (greenwashing.)
Will the release of the revised Green Guides result in increased
enforcement on the part of the FTC?
Practice Integrity . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 14
Empathize . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 17
Third Party Certify. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 19
The Q.U.I.E.T. Advantage in Compliance and Beyond. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 20
Appendices. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 22
Appendix A: . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 23
Appendix B: Interactive Quiz. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 25
Appendix C: More Information on Eco Labels . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 26
Appendix D: Additional Resources. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 29
At the time of this writing, it’s too soon to tell – but FTC experts believe it
will. Clearly, immediate compliance with the latest version of the Green
Guides is in order for any company that values its reputation.
This report is intended to help you navigate the tricky waters of FTC green
marketing compliance. This is not a point-by-point explanation of the
guidelines, as the FTC itself provides a very nice summary of the Guides
(we’ve included the link to it in Appendix D.) Rather, we will focus on
the “reasons why” behind the Green Guides, especially the “heart of
green marketing,” transparency. We will examine the risks and benefits of
making green claims for your products, and introduce you to our Q.U.I.E.T.
method for achieving transparency and compliance in your marketing.
At the end of this report you will find additional tools and information to
help you maintain FTC compliance. These include a printable reminder
card outlining the main points of the Q.U.I.E.T. method; a special section
on eco-labels; a link to an interactive quiz to test your knowledge of the
updated Green Guides; and an extensive list of additional resources.
But first, let’s take a look at how the Green Guides can affect your
business.
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3. Part 1: The Green Guides and You
“Conduct inconsistent with the positions
articulated in these guides may result in
What are the Green Guides
and why are they important?
corrective action by the Commission…
if, after investigation, the Commission
has reason to believe that the behavior
falls within the scope of conduct
declared unlawful by the statute.”
– Federal Trade Commission
The Federal Trade Commission’s Green Guides are a
group of guidelines contained within Title 16 of the U.S.
Government’s Code of Federal Regulations. They are
self-described as “a series of general principles and
specific guidance on the use of environmental claims.”
The Green Guides are not laws; rather they are administrative
interpretations of existing law. Specifically, they are meant to clarify
and elaborate on Section 5 of the FTC Act, which prohibits ‘‘unfair or
deceptive acts or practices in or affecting commerce.’’ Legally, the
Green Guides are considered ‘persuasive authority,’ and may be
used in court to back up complaints of deceptive advertising and
unfair business practices.
As we shall see, the Green Guides do have clout and can be used in
court actions involving environmental marketing.
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4. Beware the Lurking Tiger
So…what is the likelihood of getting smacked by the
FTC should you violate the principles laid out in the
Guides?
Honestly, slim — but real. And now that the new revisions have been
made official, the FTC is much more likely to go on the offensive.
In their 2010 Greenwashing Report, sustainability consulting firm
TerraChoice revealed a shocking statistic. They found that 98% of all
green marketing claims analyzed in 2009 violated at least one of their
“Seven Sins of Greenwashing.”
Clearly, almost no one is 100% compliant – and in the vast majority of
cases, no one has come to task.
But times are changing. Due in part to TerraChoice’s report, tolerance
for misleading environmental claims has plummeted. Although legal
action by the FTC has been scant to date, enough instances have
already occurred to prompt one commentator to dub the agency
a “lurking tiger.”1 The FTC is capable of unleashing a major wave of
enforcement at any time – a scenario made even more likely by the
agency’s official adoption of the revised Guides.
And the FTC is not the only tiger in the bush. The Green Guides are the
ultimate guidelines for settling environmental marketing disputes of
all kinds. They serve as the template for green marketing regulations
in several states, including California, Maine, Minnesota and Rhode
Island. They are also referenced by the National Advertising Division (the
advertising industry’s self-regulatory organization) when settling disputes
regarding green claims.
As Annie Mullin and Dan Deeb of law firm Schiff Hardin put it, “We
believe there will be an increase in private party actions because
marketers have more ammunition to bring actions against a
competitor if the competitor is making a deceptive green claim.”
Attorney Thomas Cohn, former director of the FTC’s Northeast region,
agrees. “With the FTC closely scrutinizing green claims,” he says, “it is
particularly important that marketers’ enthusiasm be balanced against
compliance officers’ concerns.”
1
Cole, Christopher, Regulation of Green Marketing: The State of Play in Summer 2011, EnvironmentalLeader.com, August 18, 2011.
5

5. “Our purpose is to make sure consumers
that want to buy green products are
getting truthful information. There are
two kinds of companies; those that
live over the line and those that step
Examples of FTC and other enforcement action* on green claims:
• October, 2012: The FTC takes action against two paint companies for making
untruthful “Zero VOC” claims.
• February, 2012: The FTC settles charges against 5 window manufacturers for
deceptive energy and cost savings claims.
• February, 2012: Honda Motor Company loses small claims suit over
misrepresentation of hybrid fuel economy. Honda also came under attack for the
same issue in a separate class action suit.
• July, 2011: S.C. Johnson settles two class action suits brought against the company
by consumers feeling misled by S.C. Johnson’s green labeling on its Windex
products.
• January, 2011: FTC sues eco-labeling company Tested Green under the FTC Act
and bans them from doing business. The company had been selling fraudulent
eco-certification labels to businesses.
over the line. The guides are written for
companies that are trying to get it right.”
James Kohn, associate director of enforcement for
the FTC’s bureau of consumer protection
Befriending the Tiger
It would be a mistake, however, to view the Green
Guides as nothing but an annoying obstacle to
effective marketing.
The Federal Trade Commission crafted the Green Guides in response to
deep-seated changes in society itself, and in consumer attitudes and
preferences. They are meant to help ease the transition for all involved.
As the agency itself proclaims, “guidance from the FTC can benefit
both businesses and consumers alike.”
Like it or not, today’s consumer is a completely different animal than
(s)he was in the heyday of Madison Avenue. Today’s consumers
are highly informed. They have the world’s wealth of information
available to them at the press of a thumb – including detailed, intimate
information about your company, your products, your supply chain
and the experiences of their fellow consumers.
They’re also more apt to care about social and environmental issues
than past generations of consumers, and of course they are highly
connected through social media, email, mobile phones and other
technologies. That means there’s no hiding mistakes, or brushing
consumer inquiries or complaints under the rug. The rug no longer exists.
The good news? Becoming compliant doesn’t have to undermine your
profitability. In fact, it may even increase your ROI.
• February, 2010: FTC warns 78 retailers, including Wal-Mart, against misleading
claims on “bamboo” clothing.
• June, 2009: FTC charges Kmart and two other companies with making false and
unsubstantiated biodegradability claims.
* The FTC is by no means the only entity to regulate (and enforce) green marketing claims. At the federal level, environmental claims are addressed under Section 43a of the Lanham Act. Several states, including California, Indiana, Wisconsin and
Michigan, have also developed laws that specifically address green marketing claims (see Appendix B).
7

6. Inbound marketing uses content and
information to attract customers by
quietly building relationships with them
rather than aggressively “pushing”
messages out at the consumer. This
type of marketing tends to be very
compatible with green compliance,
since it provides ample opportunity to
qualify and explain.
A 2012 survey by Hubspot found that
companies relying heavily on inbound
marketing channels such as blogging,
content publishing, SEO and social
media enjoyed a 61% lower cost
per lead than organizations whose
marketing is dominated by outbound
methods like telemarketing, direct mail,
ads and trade shows.
Taming the Tiger
Because the FTC’s guidelines are ultimately a
reflection of consumer concerns and thought patterns,
following them can help you reach your prospects
more effectively. Many companies are already turning
to practices that are highly compatible with Green
Guide suggestions in response to the consumer trends
mentioned above. As a result, they are enjoying
increased customer trust, loyalty, social sharing, and,
ultimately, sales.
Once you’re comfortable with the Green Guides you may even begin
to see them as a friendly ally. Green Guide compliance can:
•
•
•
Assist you in making truthful claims and avoiding consumer complaints
about greenwashing
Level the playing field by sheltering you from FTC action and leaving
non-compliant competitors open to disciplinary action, and
Improve your bottom line by reducing consumer confusion and
disillusionment, and encouraging consumer interest in green products
Moving forward with Green Guide compliance
We’ve just discussed what the Green Guides are and how they
can affect your company. Now it’s time to develop a deeper
understanding of the principles behind the Guides, to help you more
easily achieve compliance.
Let’s start by exploring the heart of the matter: transparency.
The concept of transparency is so ultra
critical that when the question “What’s
the most important element in a Green
marketing campaign?” popped up
during a small-group discussion at
a Green marketing conference we
attended in 2009, all eight of us at the
table practically shouted in unison,
“Transparency!”
Transparency: the Heart of
Green Compliance
The Green Guides exist for one reason only: to
protect consumers from deception in environmental
marketing. The FTC doesn’t care what you sell or for
what purpose, as long as your claims are truthful and
easy for the average Joe to interpret. Despite the
complexity of the Green Guides, there’s really only
one way to achieve this goal: transparency.
If you’re not familiar with the term, transparency means full disclosure.
It means being open and honest about the methods, materials
and procedures your company uses. For instance, if your website,
packaging or Facebook page asserts that the tennis shoes you
manufacture are made with organically grown cotton canvas using
fair labor practices, be prepared to prove your claims, preferably with
third-party verification.
Transparency itself is a relatively simple idea. What’s not always so
simple is integrating it into your marketing, especially when you’re
juggling multiple projects and goals. To help you with this task, we’ve
developed a system we call the Q.U.I.E.T. Method for Transparency in
Environmental Marketing.
Q.U.I.E.T. stands for:
Q - Quantify & qualify
U - Understanding sustainability
I - Integrity
E - Empathy, and
T - Third-party certification
Together, these 5 key elements can help you achieve greater
transparency and compliance in your environmental marketing. Let’s
take a look at each one in turn.
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7. End of Preview
We hope you have enjoyed Part 1 of The FTC Green Guides Made Simple.
To request a FREE copy of our full report, including Part 2 (an introduction to
our Q.U.I.E.T. method for achieving Green Guide compliance for your company,) plus dozens of additional green marketing and compliance resources,
please contact us at info@greeninkcopywriting.com.
You will receive such essential information as:
 The correct way to display eco-logos (sorry, just being certified isn’t
enough anymore)
 The common copywriting convention no green promotion should
ever include
 Which critical information evey manufacturer of green products should
have at their fingertips in the event of an audit
 And much more.
“(Green Guide compliance) will be an area of increased
law enforcement activity in the coming year.”
- Jessica Rich, Director, FTC’s Bureau of Consumer Protection,
Sept. 2013
There is no time to waste. Order your essential Green Guide compliance
report today, FREE at http://GreenInkCopywriting.com/contact.
Anne Michelsen is a freelance copywriter for
green and sustainable business, and principal of
Green Ink Copywriting.
Anne helps companies maximize sales and
leads for sustainable products and services,
while remaining compliant with green marketing
regulations. She has written for and consulted
with clients in diverse industries, including ecofashion, beauty, solar/renewables, plastics recycling, and construction, as well as environmental nonprofits. Anne’s articles have appeared
in GreenBiz.com, Down to Business Magazine,
Green Child Magazine, and TriplePundit.com,
among others.
For your free no-obligation consultation on your
green marketing needs, or for information on
Green Guides compliance consulting and
training, contact Anne today at
anne@greeninkcopywriting.com.