Green Marketing

Environmental marketing claims face intensifying scrutiny as companies respond to growing consumer demand for sustainable products and packaging. Regulators, competitors, self-regulatory bodies, and private plaintiffs are challenging claims relating to recyclability, compostability, biodegradability, sustainability, “non-toxic” ingredients, low- or zero-VOC, and other environmental attributes. Companies must be prepared to demonstrate that their claims are accurate, supportable, and consistent with evolving legal standards.

The legal and competitive landscape continues to shift rapidly. The FTC’s Green Guides remain a key reference point for advertising substantiation standards nationwide. In addition, states such as California have adopted increasingly specific requirements governing environmental claims. Companies also face challenges from competitors, BBB National Programs proceedings, and consumer class actions alleging greenwashing or deceptive marketing. Many recent disputes involve “natural,” “safe,” or environmentally preferable claims on products alleged to contain PFAS or other chemicals of concern.

Verdant Law combines deep experience in chemical regulation with practical environmental marketing counsel. We help clients evaluate claims from the ground up, considering product composition, technical data, testing, supply chain information, and applicable legal requirements. When appropriate, our attorneys work with independent scientific experts to assess substantiation and develop a defensible record that aligns with business objectives.

Our work includes advising clients on:

• Developing and substantiating green marketing claims and necessary qualifying disclosure statements.
• FTC investigations, including guiding companies through investigations involving green marketing claims.
• Defending against notices of intent to sue from plaintiffs’ attorneys.
• Internal compliance audits, including review of marketing claims, labeling, and supporting substantiation documentation.
• Supply chain due diligence, including assessing supplier environmental claims and certification representations.
• Establishing internal policies and practices to minimize the risk of noncompliance or other liability.
• Third-party certifications, including evaluating suitability within the context of other claims, the adequacy of the substantiation, the expertise of the organization, and the need for bespoke qualifying language.
• “Made in USA” and domestic origin claims, including substantiation standards and enforcement risk.

To speak with one of our attorneys about your environmental marketing program, please email info@verdantlaw.com or call +1 202-828-1233.