FTC Environmental Marketing Claims - Product Labeling Lawyer | Internicola Law Firm

FTC’s “Environmental” Marketing Rules

What Manufacturers, Distributors and Franchisors Need to Know

If you are a franchisor that distributes products or if you are a company that manufacturers or distributes products that contain “environmental marketing claims,” you need to be familiar with the “guidelines” issued by the Federal Trade Commission (FTC).

What are “Environmental Marketing Claims”

According to the FTC, an environmental marketing claim relates to and includes “an expressed or implied claim that presents an objective assertion about the environmental attribute of a product, package or service.”

Why Should You Care About Environmental Marketing Claims?

Because the FTC has interpreted existing rules and regulations to apply to environmental marketing claims. The FTC has issued guidelines that prohibit a broad range of “environmental representations” claimed by the FTC to constitute unlawful deceptive acts and practices.

What Do the FTC Guidelines Apply To?

Environmental claims included in labeling, advertising, promotional materials and all other forms of marketing whether asserted directly or by implication.

Guidelines for Environmental Claims

There are many guidelines with application to various aspects of environmental claims that, quite often, appear on products, packaging and labels. Although a full review of these guidelines goes beyond the scope of this article there are nevertheless some general guidelines and principals that franchisors, manufacturers, distributors and retailers must be aware of when designing product packaging that contains environmental claims. These general principals include:

Although I believe this environmental claims regulation presents an unnecessary burden, the FTC has done a good job of offering examples and commentary to provide guidance as to these regulated issues. Franchisors, manufacturers, distributors and even retailers need to be aware of these regulations, and when it come time to designing your packaging and promotional materials, scrutinize your environmental claims and ensure compliance with the FTC rules. Doing so will avoid unnecessary litigation and consumer class action claims.

Learn More About Business Transactions

Let's Talk

With services to make your growth strategy simple, cost effective, and with a team excited to help you, let’s talk about how we can help grow your brand. Click on the button below or call us at (800) 976-4904.

Top Resources for Franchising Your Business

  • videoImg

    Should You Franchise Your Business?

    Franchising may be the next big step for someone who wants to grow their business. Below are questions you should ask yourself to be able to answer if you should or shouldn’t franchise your business. How do you know whether or not you should franchise your business? First, you have... read more

  • videoImg

    How to Franchise Your Business

    In this guide you’ll learn the basics of franchising, how to franchise your business, and how to win at franchising. We’ll also take a deeper dive into legal requirements for franchising and why they matter, steps to take before and after you launch your franchise, and even some tips on... read more

  • videoImg

    Franchising vs. Licensing Book

    When considering expanding a business both franchising and licensing are possible options. In this guide, you'll learn the differences of franchising and licensing and understand how each will affect you. read more

all guides

  • None right now

all videos

  • videoImg

    Franchising Your Business: Advantages & Disadvantages

    Are you a successful business owner? Are you looking for ways to expand your business? If so, this article will provide the answers you need to decide whether franchising your business is the right step for you. In short, franchising allows you, the franchisor, to create a relationship among several... read more

  • videoImg

    Documents To Start A Franchise

    Under federal law, prior offering or selling a franchise in any state, franchisors are required to disclose a franchise disclosure document (FDD) to their prospective franchisees. In addition to federal law certain states, including the franchise registration states, require that franchisors register their FDD with the state. The legal documentation... read more

  • videoImg

    Is Your Business Franchisable?

    For very good reasons, the questions of “is my business franchisable?” and “can my business be franchised?” come up often. Assuming that you possess the right mindset and franchise goals (a topic that we discuss in a separate article) there are core franchise factors that either your business must possess... read more

all articles

  • videoImg

    Leveraging PR & Digital Media to Jumpstart Franchise Sales

    Key strategies to accelerate franchise growth for startup and emerging franchisors In this webinar, franchise attorney Charles Internicola and Nick Powills, founder of No Limit Agency and 1851 Franchise, discuss key strategies to accelerate franchise growth through PR and digital media. Some topics include: Steps franchisors should take when it... read more

  • videoImg

    Winning Insurance Strategies for Emerging Franchisors with Michael Porpora

    One of the biggest issues for emerging franchisors is not having a plan for insurance and system-wide protection. What do emerging brands need to know when they're starting off, who should they rely on, and how can they plan ahead? Get an insurance game plan to protect your franchise system... read more

  • videoImg

    How to Build a Great Franchise Logo & Brand with Dan Antonelli

    Key strategies for developing the right logo & trade dress to drive franchise growth with branding and design expert Dan Antonelli. Dan is the author of ‘Building a Big Small Business Brand’ and is the creative director of the branding firm KickCharge Creative. Learn how to drive franchise growth and... read more

all webinars

Let’s Talk

With services to make your growth strategy simple, cost effective, and with a team excited to help you, let’s talk about how we can help grow your business.

Fill out the following form and we’ll contact you as soon as possible. To reach our team directly, give us a call at (800) 976-4904.


This site is protected by reCAPTCHA and the Google Privacy Policy and Terms of Service apply.

closeIcon