Businesses have been touting their environmental fidelity and their products’ environmental sustainability and superiority for decades. Such environmental marketing claims, known as “green claims,” come in many forms, via securities disclosures, public statements, product labeling and advertising campaigns. Different laws govern the form and content of green claims, depending upon whether the targeted audience is comprised of financial investors, regulators, customers or employees.
Since the late 1980s, the Federal Trade Commission (FTC) has regulated the use of green claims and the practice known as “greenwashing,” a term coined in the late 1980s to describe false, unsubstantiated or misleading green claims regarding consumer products and services.
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