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PART 260– GUIDES FOR THE USE OF ENVIRONMENTAL MARKETING CLAIMS

Sec. 260.1 Purpose, Scope, and Structure of the Guides.

260.2 Interpretation and Substantiation of Environmental Marketing Claims. 

260.3 General Principles.

260.4 General Environmental Benefit Claims.

260.5 Carbon Offsets.

260.6 Certifications and Seals of Approval.

260.7 Compostable Claims.

260.8 Degradable Claims. 

260.9 Free-Of Claims.

260.10 Non-Toxic Claims. 

260.11 Ozone-Safe and Ozone-Friendly Claims.

260.12 Recyclable Claims.

260.13 Recycled Content Claims.

260.14 Refillable Claims.

260.15 Renewable Energy Claims.

260.16 Renewable Materials Claims. 

260.17 Source Reduction Claims.

Authority: 15 U.S.C. 41-58.

§ 260.1 Purpose, Scope, and Structure of the Guides.

(a) These guides set forth the Federal Trade Commission’s current views about

environmental claims. The guides help marketers avoid making environmental marketing claims

that are unfair or deceptive under Section 5 of the FTC Act, 15 U.S.C. § 45. They do not confer
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any rights on any person and do not operate to bind the FTC or the public. The Commission,

however, can take action under the FTC Act if a marketer makes an environmental claim

inconsistent with the guides. In any such enforcement action, the Commission must prove that

the challenged act or practice is unfair or deceptive in violation of Section 5 of the FTC Act.

(b) These guides do not preempt federal, state, or local laws. Compliance with those laws,

however, will not necessarily preclude Commission law enforcement action under the FTC Act.

(c) These guides apply to claims about the environmental attributes of a product, package, or

service in connection with the marketing, offering for sale, or sale of such item or service to

individuals. These guides also apply to business-to-business transactions. The guides apply to

environmental claims in labeling, advertising, promotional materials, and all other forms of

marketing in any medium, whether asserted directly or by implication, through words, symbols,

logos, depictions, product brand names, or any other means.

(d) The guides consist of general principles, specific guidance on the use of particular

environmental claims, and examples. Claims may raise issues that are addressed by more than

one example and in more than one section of the guides. The examples provide the

Commission’s views on how reasonable consumers likely interpret certain claims. The guides

are based on marketing to a general audience. However, when a marketer targets a particular

segment of consumers, the Commission will examine how reasonable members of that group

interpret the advertisement. Whether a particular claim is deceptive will depend on the net

impression of the advertisement, label, or other promotional material at issue. In addition,

although many examples present specific claims and options for qualifying claims, the examples

do not illustrate all permissible claims or qualifications under Section 5 of the FTC Act. Nor do

they illustrate the only ways to comply with the guides. Marketers can use an alternative
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approach if the approach satisfies the requirements of Section 5 of the FTC Act. All examples

assume that the described claims otherwise comply with Section 5. Where particularly useful,

the Guides incorporate a reminder to this effect.

§ 260.2 Interpretation and Substantiation of Environmental Marketing Claims.

Section 5 of the FTC Act prohibits deceptive acts and practices in or affecting commerce. 

A representation, omission, or practice is deceptive if it is likely to mislead consumers acting

reasonably under the circumstances and is material to consumers’ decisions. See FTC Policy

Statement on Deception, 103 FTC 174 (1983). To determine if an advertisement is deceptive,

marketers must identify all express and implied claims that the advertisement reasonably

conveys. Marketers must ensure that all reasonable interpretations of their claims are truthful,

not misleading, and supported by a reasonable basis before they make the claims. See FTC

Policy Statement Regarding Advertising Substantiation, 104 FTC 839 (1984). In the context of

environmental marketing claims, a reasonable basis often requires competent and reliable

scientific evidence. Such evidence consists of tests, analyses, research, or studies that have been

conducted and evaluated in an objective manner by qualified persons and are generally accepted

in the profession to yield accurate and reliable results. Such evidence should be sufficient in

quality and quantity based on standards generally accepted in the relevant scientific fields, when

considered in light of the entire body of relevant and reliable scientific evidence, to substantiate

that each of the marketing claims is true.

§ 260.3 General Principles.

The following general principles apply to all environmental marketing claims, including

those described in §§ 260.4 - 16. Claims should comport with all relevant provisions of these

guides.
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(a) Qualifications and disclosures: To prevent deceptive claims, qualifications and

disclosures should be clear, prominent, and understandable. To make disclosures clear and

prominent, marketers should use plain language and sufficiently large type, should place

disclosures in close proximity to the qualified claim, and should avoid making inconsistent

statements or using distracting elements that could undercut or contradict the disclosure.

(b) Distinction between benefits of product, package, and service: Unless it is clear from

the context, an environmental marketing claim should specify whether it refers to the product,

the product’s packaging, a service, or just to a portion of the product, package, or service. In

general, if the environmental attribute applies to all but minor, incidental components of a

product or package, the marketer need not qualify the claim to identify that fact. However, there

may be exceptions to this general principle. For example, if a marketer makes an unqualified

recyclable claim, and the presence of the incidental component significantly limits the ability to

recycle the product, the claim would be deceptive.

Example 1: A plastic package containing a new shower curtain is labeled “recyclable”

without further elaboration. Because the context of the claim does not make clear

whether it refers to the plastic package or the shower curtain, the claim is deceptive if any

part of either the package or the curtain, other than minor, incidental components, cannot

be recycled.

Example 2: A soft drink bottle is labeled “recycled.” The bottle is made entirely from

recycled materials, but the bottle cap is not. Because the bottle cap is a minor, incidental

component of the package, the claim is not deceptive. 
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(c) Overstatement of environmental attribute: An environmental marketing claim should

not overstate, directly or by implication, an environmental attribute or benefit. Marketers should

not state or imply environmental benefits if the benefits are negligible.

Example 1: An area rug is labeled “50% more recycled content than before.” The

manufacturer increased the recycled content of its rug from 2% recycled fiber to 3%. 

Although the claim is technically true, it likely conveys the false impression that the

manufacturer has increased significantly the use of recycled fiber.

Example 2: A trash bag is labeled “recyclable” without qualification. Because trash

bags ordinarily are not separated from other trash at the landfill or incinerator for

recycling, they are highly unlikely to be used again for any purpose. Even if the bag is

technically capable of being recycled, the claim is deceptive since it asserts an

environmental benefit where no meaningful benefit exists.

(d) Comparative claims: Comparative environmental marketing claims should be clear to

avoid consumer confusion about the comparison. Marketers should have substantiation for the

comparison.

Example 1: An advertiser notes that its glass bathroom tiles contain “20% more

recycled content.” Depending on the context, the claim could be a comparison either to

the advertiser’s immediately preceding product or to its competitors’ products. The

advertiser should have substantiation for both interpretations. Otherwise, the advertiser

should make the basis for comparison clear, for example, by saying “20% more recycled

content than our previous bathroom tiles.” 

Example 2: An advertiser claims that “our plastic diaper liner has the most recycled

content.” The diaper liner has more recycled content, calculated as a percentage of
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weight, than any other on the market, although it is still well under 100%. The claim

likely conveys that the product contains a significant percentage of recycled content and

has significantly more recycled content than its competitors. If the advertiser cannot

substantiate these messages, the claim would be deceptive.

Example 3: An advertiser claims that its packaging creates “less waste than the leading

national brand.” The advertiser implemented the source reduction several years ago and

supported the claim by calculating the relative solid waste contributions of the two

packages. The advertiser should have substantiation that the comparison remains

accurate.

Example 4: A product is advertised as “environmentally preferable.” This claim likely 

conveys that the product is environmentally superior to other products. Because it is

highly unlikely that the marketer can substantiate the messages conveyed by this

statement, this claim is deceptive. The claim would not be deceptive if the marketer

accompanied it with clear and prominent language limiting the environmental superiority

representation to the particular attributes for which the marketer has substantiation,

provided the advertisement’s context does not imply other deceptive claims. For

example, the claim “Environmentally preferable: contains 50% recycled content

compared to 20% for the leading brand” would not be deceptive.

§ 260.4 General Environmental Benefit Claims.

(a) It is deceptive to misrepresent, directly or by implication, that a product, package, or

service offers a general environmental benefit. 

(b) Unqualified general environmental benefit claims are difficult to interpret and likely

convey a wide range of meanings. In many cases, such claims likely convey that the product,
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package, or service has specific and far-reaching environmental benefits and may convey that

the item or service has no negative environmental impact. Because it is highly unlikely that

marketers can substantiate all reasonable interpretations of these claims, marketers should not

make unqualified general environmental benefit claims.

(c) Marketers can qualify general environmental benefit claims to prevent deception about

the nature of the environmental benefit being asserted. To avoid deception, marketers should

use clear and prominent qualifying language that limits the claim to a specific benefit or benefits.

Marketers should not imply that any specific benefit is significant if it is, in fact, negligible. If a

qualified general claim conveys that a product is more environmentally beneficial overall

because of the particular touted benefit(s), marketers should analyze trade-offs resulting from the

benefit(s) to determine if they can substantiate this claim.

(d) Even if a marketer explains, and has substantiation for, the product’s specific

environmental attributes, this explanation will not adequately qualify a general environmental

benefit claim if the advertisement otherwise implies deceptive claims. Therefore, marketers

should ensure that the advertisement’s context does not imply deceptive environmental claims.

Example 1: The brand name “Eco-friendly” likely conveys that the product has farreaching environmental benefits and may convey that the product has no negative

environmental impact. Because it is highly unlikely that the marketer can substantiate

these claims, the use of such a brand name is deceptive. A claim, such as “Eco-friendly: 

made with recycled materials,” would not be deceptive if: (1) the statement “made with

recycled materials” is clear and prominent; (2) the marketer can substantiate that the

entire product or package, excluding minor, incidental components, is made from

recycled material; (3) making the product with recycled materials makes the product
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more environmentally beneficial overall; and (4) the advertisement’s context does not

imply other deceptive claims.

Example 2: A marketer states that its packaging is now “Greener than our previous

packaging.” The packaging weighs 15% less than previous packaging, but it is not

recyclable nor has it been improved in any other material respect. The claim is deceptive

because reasonable consumers likely would interpret “Greener” in this context to mean

that other significant environmental aspects of the packaging also are improved over

previous packaging. A claim stating “Greener than our previous packaging”

accompanied by clear and prominent language such as, “We’ve reduced the weight of our

packaging by 15%,” would not be deceptive, provided that reducing the packaging’s

weight makes the product more environmentally beneficial overall and the

advertisement’s context does not imply other deceptive claims.

Example 3: A marketer’s advertisement features a picture of a laser printer in a bird’s

nest balancing on a tree branch, surrounded by a dense forest. In green type, the

marketer states, “Buy our printer. Make a change.” Although the advertisement does not

expressly claim that the product has environmental benefits, the featured images, in

combination with the text, likely convey that the product has far-reaching environmental

benefits and may convey that the product has no negative environmental impact. 

Because it is highly unlikely that the marketer can substantiate these claims, this

advertisement is deceptive.

Example 4: A manufacturer’s website states, “Eco-smart gas-powered lawn mower with

improved fuel efficiency!” The manufacturer increased the fuel efficiency by 1/10 of a

percent. Although the manufacturer’s claim that it has improved its fuel efficiency
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technically is true, it likely conveys the false impression that the manufacturer has

significantly increased the mower’s fuel efficiency.

Example 5: A marketer reduces the weight of its plastic beverage bottles. The bottles’

labels state: “Environmentally-friendly improvement. 25% less plastic than our previous

packaging.” The plastic bottles are 25 percent lighter but otherwise are no different. The

advertisement conveys that the bottles are more environmentally beneficial overall

because of the source reduction. To substantiate this claim, the marketer likely can

analyze the impacts of the source reduction without evaluating environmental impacts

throughout the packaging’s life cycle. If, however, manufacturing the new bottles

significantly alters environmental attributes earlier or later in the bottles’ life cycle, i.e.,

manufacturing the bottles requires more energy or a different kind of plastic, then a more

comprehensive analysis may be appropriate.

§ 260.5 Carbon Offsets.

(a) Given the complexities of carbon offsets, sellers should employ competent and reliable

scientific and accounting methods to properly quantify claimed emission reductions

and to ensure that they do not sell the same reduction more than one time. 

(b) It is deceptive to misrepresent, directly or by implication, that a carbon offset represents

emission reductions that have already occurred or will occur in the immediate future. To avoid

deception, marketers should clearly and prominently disclose if the carbon offset represents

emission reductions that will not occur for two years or longer.

(c) It is deceptive to claim, directly or by implication, that a carbon offset represents an

emission reduction if the reduction, or the activity that caused the reduction, was required by

law.
 The examples in this section assume that the certifiers’ endorsements meet the criteria

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provided in the Expert Endorsements (255.3) and Endorsements by Organizations (255.4)

sections of the Endorsement Guides.

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Example 1: On its website, an online travel agency invites consumers to purchase

offsets to “neutralize the carbon emissions from your flight.” The proceeds from the

offset sales fund future projects that will not reduce greenhouse gas emissions for two

years. The claim likely conveys that the emission reductions either already have

occurred or will occur in the near future. Therefore, the advertisement is deceptive. It

would not be deceptive if the agency’s website stated “Offset the carbon emissions from

your flight by funding new projects that will begin reducing emissions in two years.”

Example 2: An offset provider claims that its product “will offset your own ‘dirty’

driving habits.” The offset is based on methane capture at a landfill facility. State law

requires this facility to capture all methane emitted from the landfill. The claim is

deceptive because the emission reduction would have occurred regardless of whether

consumers purchased the offsets.

§ 260.6 Certifications and Seals of Approval.

(a) It is deceptive to misrepresent, directly or by implication, that a product, package, or

service has been endorsed or certified by an independent third party.

(b) A marketer’s use of the name, logo, or seal of approval of a third-party certifier or

organization may be an endorsement, which should meet the criteria for endorsements provided

in the FTC’s Endorsement Guides, 16 C.F.R. Part 255, including Definitions (§ 255.0), General

Considerations (§ 255.1), Expert Endorsements (§ 255.3), Endorsements by Organizations

(§ 255.4), and Disclosure of Material Connections (§ 255.5).1
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(c) Third-party certification does not eliminate a marketer’s obligation to ensure that it has

substantiation for all claims reasonably communicated by the certification. 

(d) A marketer’s use of an environmental certification or seal of approval likely conveys that

the product offers a general environmental benefit (see § 260.4) if the certification or seal does

not convey the basis for the certification or seal, either through the name or some other means. 

Because it is highly unlikely that marketers can substantiate general environmental benefit

claims, marketers should not use environmental certifications or seals that do not convey the

basis for the certification.

(e) Marketers can qualify general environmental benefit claims conveyed by environmental

certifications and seals of approval to prevent deception about the nature of the environmental

benefit being asserted. To avoid deception, marketers should use clear and prominent qualifying

language that clearly conveys that the certification or seal refers only to specific and limited

benefits.

Example 1: An advertisement for paint features a “GreenLogo” seal and the statement

“GreenLogo for Environmental Excellence.” This advertisement likely conveys that: 

(1) the GreenLogo seal is awarded by an independent, third-party certifier with

appropriate expertise in evaluating the environmental attributes of paint; and (2) the

product has far-reaching environmental benefits. If the paint manufacturer awarded the

seal to its own product, and no independent, third-party certifier objectively evaluated the

paint using independent standards, the claim would be deceptive. The claim would not

be deceptive if the marketer accompanied the seal with clear and prominent language: 

(1) indicating that the marketer awarded the GreenLogo seal to its own product; and (2)

clearly conveying that the award refers only to specific and limited benefits.
 Voluntary consensus standard bodies are “organizations which plan, develop, establish, 2

or coordinate voluntary consensus standards using agreed-upon procedures. . . . A voluntary

consensus standards body is defined by the following attributes: (i) openness, (ii) balance of

interest, (iii) due process, (iv) an appeals process, (v) consensus, which is defined as general

agreement, but not necessarily unanimity, and includes a process for attempting to resolve

objections by interested parties, as long as all comments have been fairly considered, each

objector is advised of the disposition of his or her objection(s) and the reasons why, and the

consensus members are given an opportunity to change their votes after reviewing the

comments.” Memorandum for Heads of Executive Departments and Agencies on Federal

Participation in the Development and Use of Voluntary Consensus Assessment Activities,

February 10, 1998, Circular No. A-119 Revised, Office of Management and Budget at

www.whitehouse.gov/omb/circulars_a119.

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Example 2: A manufacturer advertises its product as “certified by the American Institute

of Degradable Materials.” Because the advertisement does not mention that the

American Institute of Degradable Materials (“AIDM”) is an industry trade association,

the certification likely conveys that it was awarded by an independent certifier. To be

certified, marketers must meet standards that have been developed and maintained by a

voluntary consensus standard body. An independent auditor applies these standards 2

objectively. This advertisement likely is not deceptive if the manufacturer complies with

§ 260.8 of the Guides (Degradable Claims) because the certification is based on

independently-developed and -maintained standards and an independent auditor applies

the standards objectively.

Example 3: A product features a seal of approval from “The Forest Products Industry

Association,” an industry certifier with appropriate expertise in evaluating the

environmental attributes of paper products. Because it is clear from the certifier’s name

that the product has been certified by an industry certifier, the certification likely does not

convey that it was awarded by an independent certifier. The use of the seal likely is not

deceptive provided that the advertisement does not imply other deceptive claims.
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Example 4: A marketer’s package features a seal of approval with the text “Certified

Non-Toxic.” The seal is awarded by a certifier with appropriate expertise in evaluating

ingredient safety and potential toxicity. It applies standards developed by a voluntary

consensus standard body. Although non-industry members comprise a majority of the

certifier’s board, an industry veto could override any proposed changes to the standards. 

This certification likely conveys that the product is certified by an independent

organization. This claim would be deceptive because industry members can veto any

proposed changes to the standards.

Example 5: A marketer’s industry sales brochure for overhead lighting features a seal

with the text “EcoFriendly Building Association” to show that the marketer is a member

of that organization. Although the lighting manufacturer is, in fact, a member, this

association has not evaluated the environmental attributes of the marketer’s product. 

This advertisement would be deceptive because it likely conveys that the EcoFriendly

Building Association evaluated the product through testing or other objective standards. 

It also is likely to convey that the lighting has far-reaching environmental benefits. The

use of the seal would not be deceptive if the manufacturer accompanies it with clear and

prominent qualifying language: (1) indicating that the seal refers to the company’s

membership only and that the association did not evaluate the product’s environmental

attributes; and (2) limiting the general environmental benefit representations, both

express and implied, to the particular product attributes for which the marketer has

substantiation. For example, the marketer could state: “Although we are a member of

the EcoFriendly Building Association, it has not evaluated this product. Our lighting is

made from 100 percent recycled metal and uses energy efficient LED technology.”
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Example 6: A product label contains an environmental seal, either in the form of a globe

icon or a globe icon with the text “EarthSmart.” EarthSmart is an independent, thirdparty certifier with appropriate expertise in evaluating chemical emissions of products. 

While the marketer meets EarthSmart’s standards for reduced chemical emissions during

product usage, the product has no other specific environmental benefits. Either seal

likely conveys that the product has far-reaching environmental benefits, and that

EarthSmart certified the product for all of these benefits. If the marketer cannot

substantiate these claims, the use of the seal would be deceptive. The seal would not be

deceptive if the marketer accompanied it with clear and prominent language clearly

conveying that the certification refers only to specific and limited benefits. For example,

the marketer could state next to the globe icon: “EarthSmart certifies that this product

meets EarthSmart standards for reduced chemical emissions during product usage.” 

Alternatively, the claim would not be deceptive if the EarthSmart environmental seal

itself stated: “EarthSmart Certified for reduced chemical emissions during product

usage.”

Example 7: A one-quart bottle of window cleaner features a seal with the text

“Environment Approved,” granted by an independent, third-party certifier with

appropriate expertise. The certifier granted the seal after evaluating 35 environmental

attributes. This seal likely conveys that the product has far-reaching environmental

benefits and that Environment Approved certified the product for all of these benefits and

therefore is likely deceptive. The seal would likely not be deceptive if the marketer

accompanied it with clear and prominent language clearly conveying that the seal refers

only to specific and limited benefits. For example, the seal could state: “Virtually all
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products impact the environment. For details on which attributes we evaluated, go to [a

website that discusses this product].” The referenced webpage provides a detailed

summary of the examined environmental attributes. A reference to a website is

appropriate because the additional information provided on the website is not necessary

to prevent the advertisement from being misleading. As always, the marketer also should

ensure that the advertisement does not imply other deceptive claims, and that the

certifier’s criteria are sufficiently rigorous to substantiate all material claims reasonably

communicated by the certification.

Example 8: Great Paper Company sells photocopy paper with packaging that has a seal

of approval from the No Chlorine Products Association, a non-profit third-party

association. Great Paper Company paid the No Chlorine Products Association a

reasonable fee for the certification. Consumers would reasonably expect that marketers

have to pay for certification. Therefore, there are no material connections between Great

Paper Company and the No Chlorine Products Association. The claim would not be

deceptive.

§ 260.7 Compostable Claims.

(a) It is deceptive to misrepresent, directly or by implication, that a product or package is

compostable. 

(b) A marketer claiming that an item is compostable should have competent and reliable

scientific evidence that all the materials in the item will break down into, or otherwise become

part of, usable compost (e.g., soil-conditioning material, mulch) in a safe and timely manner

(i.e., in approximately the same time as the materials with which it is composted) in an

appropriate composting facility, or in a home compost pile or device.
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(c) A marketer should clearly and prominently qualify compostable claims to the extent

necessary to avoid deception if: (1) the item cannot be composted safely or in a timely manner

in a home compost pile or device; or (2) the claim misleads reasonable consumers about the

environmental benefit provided when the item is disposed of in a landfill. 

(d) To avoid deception about the limited availability of municipal or institutional composting

facilities, a marketer should clearly and prominently qualify compostable claims if such facilities

are not available to a substantial majority of consumers or communities where the item is sold. 

Example 1: A manufacturer indicates that its unbleached coffee filter is compostable. 

The unqualified claim is not deceptive, provided the manufacturer has substantiation that

the filter can be converted safely to usable compost in a timely manner in a home

compost pile or device. If so, the extent of local municipal or institutional composting

facilities is irrelevant.

Example 2: A garden center sells grass clipping bags labeled as “Compostable in

California Municipal Yard Trimmings Composting Facilities.” When the bags break

down, however, they release toxins into the compost. The claim is deceptive if the

presence of these toxins prevents the compost from being usable.

Example 3: A manufacturer makes an unqualified claim that its package is compostable. 

Although municipal or institutional composting facilities exist where the product is sold,

the package will not break down into usable compost in a home compost pile or device. 

To avoid deception, the manufacturer should clearly and prominently disclose that the

package is not suitable for home composting.

Example 4: Nationally marketed lawn and leaf bags state “compostable” on each bag. 

The bags also feature text disclosing that the bag is not designed for use in home compost
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piles. Yard trimmings programs in many communities compost these bags, but such

programs are not available to a substantial majority of consumers or communities where

the bag is sold. The claim is deceptive because it likely conveys that composting

facilities are available to a substantial majority of consumers or communities. To avoid

deception, the marketer should clearly and prominently indicate the limited availability

of such programs. A marketer could state “Appropriate facilities may not exist in your

area,” or provide the approximate percentage of communities or consumers for which

such programs are available.

Example 5: A manufacturer sells a disposable diaper that states, “This diaper can be

composted if your community is one of the 50 that have composting facilities.” The

claim is not deceptive if composting facilities are available as claimed and the

manufacturer has substantiation that the diaper can be converted safely to usable compost

in solid waste composting facilities.

Example 6: A manufacturer markets yard trimmings bags only to consumers residing in

particular geographic areas served by county yard trimmings composting programs. The

bags meet specifications for these programs and are labeled, “Compostable Yard

Trimmings Bag for County Composting Programs.” The claim is not deceptive. 

Because the bags are compostable where they are sold, a qualification is not needed to

indicate the limited availability of composting facilities.

§ 260.8 Degradable Claims.

(a) It is deceptive to misrepresent, directly or by implication, that a product or package is

degradable, biodegradable, oxo-degradable, oxo-biodegradable, or photodegradable. The
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following guidance for degradable claims also applies to biodegradable, oxo-degradable, oxobiodegradable, and photodegradable claims.

(b) A marketer making an unqualified degradable claim should have competent and reliable

scientific evidence that the entire item will completely break down and return to nature (i.e.,

decompose into elements found in nature) within a reasonably short period of time after

customary disposal. 

(c) It is deceptive to make an unqualified degradable claim for items entering the solid waste

stream if the items do not completely decompose within one year after customary disposal. 

Unqualified degradable claims for items that are customarily disposed in landfills, incinerators,

and recycling facilities are deceptive because these locations do not present conditions in which

complete decomposition will occur within one year.

(d) Degradable claims should be qualified clearly and prominently to the extent necessary to

avoid deception about: (1) the product’s or package’s ability to degrade in the environment

where it is customarily disposed; and (2) the rate and extent of degradation.

Example 1: A marketer advertises its trash bags using an unqualified “degradable”

claim. The marketer relies on soil burial tests to show that the product will decompose in

the presence of water and oxygen. Consumers, however, place trash bags into the solid

waste stream, which customarily terminates in incineration facilities or landfills where

they will not degrade within one year. The claim is, therefore, deceptive.

Example 2: A marketer advertises a commercial agricultural plastic mulch film with the

claim “Photodegradable,” and clearly and prominently qualifies the term with the phrase

“Will break down into small pieces if left uncovered in sunlight.” The advertiser

possesses competent and reliable scientific evidence that within one year, the product
 The Guides’ treatment of unqualified degradable claims is intended to help prevent 3

deception and is not intended to establish performance standards to ensure the degradability of

products when littered.

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will break down, after being exposed to sunlight, into sufficiently small pieces to become

part of the soil. Thus, the qualified claim is not deceptive. Because the claim is qualified

to indicate the limited extent of breakdown, the advertiser need not meet the consumer

expectations for an unqualified photodegradable claim, i.e., that the product will not only

break down, but also will decompose into elements found in nature.

Example 3: A marketer advertises its shampoo as “biodegradable” without qualification. 

The advertisement makes clear that only the shampoo, and not the bottle, is

biodegradable. The marketer has competent and reliable scientific evidence

demonstrating that the shampoo, which is customarily disposed in sewage systems, will

break down and decompose into elements found in nature in a reasonably short period of

time in the sewage system environment. Therefore, the claim is not deceptive.

Example 4: A plastic six-pack ring carrier is marked with a small diamond. Several

state laws require that the carriers be marked with this symbol to indicate that they meet

certain degradability standards if the carriers are littered. The use of the diamond by

itself, in an inconspicuous location, does not constitute a degradable claim. Consumers

are unlikely to interpret an inconspicuous diamond symbol, without more, as an

unqualified photodegradable claim.3

Example 5: A fiber pot containing a plant is labeled “biodegradable.” The pot is

customarily buried in the soil along with the plant. Once buried, the pot fully
 “Trace contaminant” and “background level” are imprecise terms, although allowable 4

manufacturing “trace contaminants” may be defined according to the product area concerned. 

What constitutes a trace amount or background level depends on the substance at issue, and

requires a case-by-case analysis. 

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decomposes during the growing season, allowing the roots of the plant to grow into the

surrounding soil. The unqualified claim is not deceptive.

§ 260.9 Free-Of Claims.

(a) It is deceptive to misrepresent, directly or by implication, that a product, package, or

service is free of, or does not contain or use, a substance. Such claims should be clearly and

prominently qualified to the extent necessary to avoid deception.

(b) A truthful claim that a product, package, or service is free of, or does not contain or use,

a substance may nevertheless be deceptive if: (1) the product, package, or service contains or

uses substances that pose the same or similar environmental risks as the substance that is not

present; or (2) the substance has not been associated with the product category.

(c) Depending on the context, a free-of or does-not-contain claim is appropriate even for a

product, package, or service that contains or uses a trace amount of a substance if: (1) the level

of the specified substance is no more than that which would be found as an acknowledged trace

contaminant or background level; (2) the substance’s presence does not cause material harm 4

that consumers typically associate with that substance; and (3) the substance has not been added

intentionally to the product.

Example 1: A package of t-shirts is labeled “Shirts made with a chlorine-free bleaching

process.” The shirts, however, are bleached with a process that releases a reduced, but

still significant, amount of the same harmful byproducts associated with chlorine

bleaching. The claim overstates the product’s benefits because reasonable consumers
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likely would interpret it to mean that the product’s manufacture does not cause any of the

environmental risks posed by chlorine bleaching. A substantiated claim, however, that

the shirts were “bleached with a process that releases 50% less of the harmful byproducts

associated with chlorine bleaching” would not be deceptive.

Example 2: A manufacturer advertises its insulation as “formaldehyde free.” Although

the manufacturer does not use formaldehyde as a binding agent to produce the insulation,

tests show that the insulation still emits trace amounts of formaldehyde. The seller has

substantiation that formaldehyde is present in trace amounts in virtually all indoor and (to

a lesser extent) outdoor environments and that its insulation emits less formaldehyde than

is typically present in outdoor environments. Further, the seller has substantiation that

the trace amounts of formaldehyde emitted by the insulation do not cause material harm

that consumers typically associate with formaldehyde. In this context, the trace levels of

formaldehyde emissions likely are inconsequential to consumers. Therefore, the seller’s

free-of claim would not be deceptive.

§ 260.10 Non-Toxic Claims.

(a) It is deceptive to misrepresent, directly or by implication, that a product, package, or

service is non-toxic. Non-toxic claims should be clearly and prominently qualified to the extent

necessary to avoid deception.

(b) A non-toxic claim likely conveys that a product, package, or service is non-toxic both for

humans and for the environment generally. Therefore, marketers making non-toxic claims

should have competent and reliable scientific evidence that the product, package, or service is

non-toxic for humans and for the environment or should clearly and prominently qualify their

claims to avoid deception.
22

Example 1: A marketer advertises a cleaning product as “essentially non-toxic” and

“practically non-toxic.” The advertisement likely conveys that the product does not pose

any risk to humans or the environment, including household pets. If the cleaning product

poses no risk to humans but is toxic to the environment, the claims would be deceptive.

§ 260.11 Ozone-Safe and Ozone-Friendly Claims.

It is deceptive to misrepresent, directly or by implication, that a product, package, or service is

safe for, or friendly to, the ozone layer or the atmosphere.

Example 1: A product is labeled “ozone-friendly.” The claim is deceptive if the product

contains any ozone-depleting substance, including those substances listed as Class I or

Class II chemicals in Title VI of the Clean Air Act Amendments of 1990, Pub. L. No.

101-549, and others subsequently designated by EPA as ozone-depleting substances. 

These chemicals include chlorofluorocarbons (CFCs), halons, carbon tetrachloride, 1,1,1-

trichloroethane, methyl bromide, hydrobromofluorocarbons, and

hydrochlorofluorocarbons (HCFCs).

Example 2: An aerosol air freshener is labeled “ozone-friendly.” Some of the product’s

ingredients are volatile organic compounds (VOCs) that may cause smog by contributing

to ground-level ozone formation. The claim likely conveys that the product is safe for

the atmosphere as a whole, and, therefore, is deceptive.

§ 260.12 Recyclable Claims.

(a) It is deceptive to misrepresent, directly or by implication, that a product or package is

recyclable. A product or package should not be marketed as recyclable unless it can be

collected, separated, or otherwise recovered from the waste stream through an established

recycling program for reuse or use in manufacturing or assembling another item.
23

(b) Marketers should clearly and prominently qualify recyclable claims to the extent

necessary to avoid deception about the availability of recycling programs and collection sites to

consumers.

(1) When recycling facilities are available to a substantial majority of consumers or

communities where the item is sold, marketers can make unqualified recyclable claims. 

The term “substantial majority,” as used in this context, means at least 60 percent.

(2) When recycling facilities are available to less than a substantial majority of

consumers or communities where the item is sold, marketers should qualify all recyclable

claims. Marketers may always qualify recyclable claims by stating the percentage of

consumers or communities that have access to facilities that recycle the item. 

Alternatively, marketers may use qualifications that vary in strength depending on

facility availability. The lower the level of access to an appropriate facility is, the more

strongly the marketer should emphasize the limited availability of recycling for the

product. For example, if recycling facilities are available to slightly less than a

substantial majority of consumers or communities where the item is sold, a marketer may

qualify a recyclable claim by stating: “This product [package] may not be recyclable in

your area,” or “Recycling facilities for this product [package] may not exist in your

area.” If recycling facilities are available only to a few consumers, marketers should use

stronger clarifications. For example, a marketer in this situation may qualify its

recyclable claim by stating: “This product [package] is recyclable only in the few

communities that have appropriate recycling facilities.”

(c) Marketers can make unqualified recyclable claims for a product or package if the entire

product or package, excluding minor incidental components, is recyclable. For items that are
 Batteries labeled in accordance with the Mercury-Containing and Rechargeable Battery 5

Management Act, 42 U.S.C. § 14322(b), are deemed to be in compliance with these Guides.

 The RIC, formerly known as the Society of the Plastics Industry, Inc. (SPI) code, is 6

now covered by ASTM D 7611.

24

partially made of recyclable components, marketers should clearly and prominently qualify the

recyclable claim to avoid deception about which portions are recyclable. 

(d) If any component significantly limits the ability to recycle the item, any recyclable claim

would be deceptive. An item that is made from recyclable material, but, because of its shape,

size, or some other attribute, is not accepted in recycling programs, should not be marketed as

recyclable.5

Example 1: A packaged product is labeled with an unqualified claim, “recyclable.” It is

unclear from the type of product and other context whether the claim refers to the product

or its package. The unqualified claim likely conveys that both the product and its

packaging, except for minor, incidental components, can be recycled. Unless the

manufacturer has substantiation for both messages, it should clearly and prominently

qualify the claim to indicate which portions are recyclable.

Example 2: A nationally marketed plastic yogurt container displays the Resin

Identification Code (RIC) (which consists of a design of arrows in a triangular shape 6

containing a number in the center and an abbreviation identifying the component plastic

resin) on the front label of the container, in close proximity to the product name and logo. 

This conspicuous use of the RIC constitutes a recyclable claim. Unless recycling

facilities for this container are available to a substantial majority of consumers or

communities, the manufacturer should qualify the claim to disclose the limited
25

availability of recycling programs. If the manufacturer places the RIC, without more, in

an inconspicuous location on the container (e.g., embedded in the bottom of the

container), it would not constitute a recyclable claim.

Example 3: A container can be burned in incinerator facilities to produce heat and

power. It cannot, however, be recycled into another product or package. Any claim that

the container is recyclable would be deceptive.

Example 4: A paperboard package is marketed nationally and labeled either “Recyclable

where facilities exist” or “Recyclable – Check to see if recycling facilities exist in your

area.” Recycling programs for these packages are available to some consumers, but not

available to a substantial majority of consumers nationwide. Both claims are deceptive

because they do not adequately disclose the limited availability of recycling programs. 

To avoid deception, the marketer should use a clearer qualification, such as one

suggested in § 260.12(b)(2).

Example 5: Foam polystyrene cups are advertised as “Recyclable in the few

communities with facilities for foam polystyrene cups.” A half-dozen major

metropolitan areas have established collection sites for recycling those cups. The claim

is not deceptive because it clearly discloses the limited availability of recycling

programs.

Example 6: A package is labeled “Includes some recyclable material.” The package is

composed of four layers of different materials, bonded together. One of the layers is

made from recyclable material, but the others are not. While programs for recycling the

25 percent of the package that consists of recyclable material are available to a

substantial majority of consumers, only a few of those programs have the capability to
26

separate the recyclable layer from the non-recyclable layers. The claim is deceptive for

two reasons. First, it does not specify the portion of the product that is recyclable. 

Second, it does not disclose the limited availability of facilities that can process multilayer products or materials. An appropriately qualified claim would be “25 percent of the

material in this package is recyclable in the few communities that can process multi-layer

products.”

Example 7: A product container is labeled “recyclable.” The marketer advertises and

distributes the product only in Missouri. Collection sites for recycling the container are

available to a substantial majority of Missouri residents but are not yet available

nationally. Because programs are available to a substantial majority of consumers where

the product is sold, the unqualified claim is not deceptive.

Example 8: A manufacturer of one-time use cameras, with dealers in a substantial

majority of communities, operates a take-back program that collects those cameras

through all of its dealers. The manufacturer reconditions the cameras for resale and

labels them “Recyclable through our dealership network.” This claim is not deceptive,

even though the cameras are not recyclable through conventional curbside or drop-off

recycling programs. 

Example 9: A manufacturer advertises its toner cartridges for computer printers as

“Recyclable. Contact your local dealer for details.” Although all of the company’s

dealers recycle cartridges, the dealers are not located in a substantial majority of

communities where cartridges are sold. Therefore, the claim is deceptive. The

manufacturer should qualify its claim consistent with § 260.11(b)(2).
 The term “used” refers to parts that are not new and that have not undergone any 7

re-manufacturing or reconditioning.

27

Example 10: An aluminum can is labeled “Please Recycle.” This statement likely

conveys that the can is recyclable. If collection sites for recycling these cans are

available to a substantial majority of consumers or communities, the marketer does not

need to qualify the claim.

§ 260.13 Recycled Content Claims.

(a) It is deceptive to misrepresent, directly or by implication, that a product or package is

made of recycled content. Recycled content includes recycled raw material, as well as used,7

reconditioned, and re-manufactured components.

(b) It is deceptive to represent, directly or by implication, that an item contains recycled

content unless it is composed of materials that have been recovered or otherwise diverted from

the waste stream, either during the manufacturing process (pre-consumer), or after consumer use

(post-consumer). If the source of recycled content includes pre-consumer material, the

advertiser should have substantiation that the pre-consumer material would otherwise have

entered the waste stream. Recycled content claims may – but do not have to – distinguish

between pre-consumer and post-consumer materials. Where a marketer distinguishes between

pre-consumer and post-consumer materials, it should have substantiation for any express or

implied claim about the percentage of pre-consumer or post-consumer content in an item.

(c) Marketers can make unqualified claims of recycled content if the entire product or

package, excluding minor, incidental components, is made from recycled material. For items

that are partially made of recycled material, the marketer should clearly and prominently qualify
28

the claim to avoid deception about the amount or percentage, by weight, of recycled content in

the finished product or package.

(d) For products that contain used, reconditioned, or re-manufactured components, the

marketer should clearly and prominently qualify the recycled content claim to avoid deception

about the nature of such components. No such qualification is necessary where it is clear to

reasonable consumers from context that a product’s recycled content consists of used,

reconditioned, or re-manufactured components.

Example 1: A manufacturer collects spilled raw material and scraps from the original

manufacturing process. After a minimal amount of reprocessing, the manufacturer

combines the spills and scraps with virgin material for use in production of the same

product. A recycled content claim is deceptive since the spills and scraps are normally

reused by industry within the original manufacturing process and would not normally

have entered the waste stream.

Example 2: Fifty percent of a greeting card’s fiber weight is composed from paper that

was diverted from the waste stream. Of this material, 30% is post-consumer and 20% is

pre-consumer. It would not be deceptive if the marketer claimed that the card either

“contains 50% recycled fiber” or “contains 50% total recycled fiber, including 30% postconsumer fiber.”

Example 3: A paperboard package with 20% recycled fiber by weight is labeled “20%

post-consumer recycled fiber.” The recycled content was composed of overrun

newspaper stock never sold to customers. Because the newspapers never reached

consumers, the claim is deceptive.
29

Example 4: A product in a multi-component package, such as a paperboard box in a

shrink-wrapped plastic cover, indicates that it has recycled packaging. The paperboard

box is made entirely of recycled material, but the plastic cover is not. The claim is

deceptive because, without qualification, it suggests that both components are recycled. 

A claim limited to the paperboard box would not be deceptive.

Example 5: A manufacturer makes a package from laminated layers of foil, plastic, and

paper, although the layers are indistinguishable to consumers. The label claims that “one

of the three layers of this package is made of recycled plastic.” The plastic layer is made

entirely of recycled plastic. The claim is not deceptive, provided the recycled plastic

layer constitutes a significant component of the entire package.

Example 6: A frozen dinner package is composed of a plastic tray inside a cardboard

box. It states “package made from 30% recycled material.” Each packaging component

is one-half the weight of the total package. The box is 20% recycled content by weight,

while the plastic tray is 40% recycled content by weight. The claim is not deceptive,

since the average amount of recycled material is 30%.

Example 7: A manufacturer labels a paper greeting card “50% recycled fiber.” The

manufacturer purchases paper stock from several sources, and the amount of recycled

fiber in the stock provided by each source varies. If the 50% figure is based on the

annual weighted average of recycled material purchased from the sources after

accounting for fiber loss during the papermaking production process, the claim is not

deceptive.

Example 8: A packaged food product is labeled with a three-chasing-arrows symbol (a

Möbius loop) without explanation. By itself, the symbol likely conveys that the
30

packaging is both recyclable and made entirely from recycled material. Unless the

marketer has substantiation for both messages, the claim should be qualified. The claim

may need to be further qualified, to the extent necessary, to disclose the limited

availability of recycling programs and/or the percentage of recycled content used to make

the package. 

Example 9: In an office supply catalog, a manufacturer advertises its printer toner

cartridges “65% recycled.” The cartridges contain 25% recycled raw materials and 40%

reconditioned parts. The claim is deceptive because reasonable consumers likely would

not know or expect that a cartridge’s recycled content consists of reconditioned parts. It

would not be deceptive if the manufacturer claimed “65% recycled content; including

40% from reconditioned parts.” 

Example 10: A store sells both new and used sporting goods. One of the items for sale

in the store is a baseball helmet that, although used, is no different in appearance than a

brand new item. The helmet bears an unqualified “Recycled” label. This claim is

deceptive because reasonable consumers likely would believe that the helmet is made of

recycled raw materials, when it is, in fact, a used item. An acceptable claim would bear a

disclosure clearly and prominently stating that the helmet is used.

Example 11: An automotive dealer, automobile recycler, or other qualified entity

recovers a serviceable engine from a wrecked vehicle. Without repairing, rebuilding, remanufacturing, or in any way altering the engine or its components, the dealer attaches a

“Recycled” label to the engine, and offers it for sale in its used auto parts store. In this

situation, an unqualified recycled content claim likely is not deceptive because
 The term “rebuilding” means that the dealer dismantled and reconstructed the 8

transmission as necessary, cleaned all of its internal and external parts and eliminated rust and

corrosion, restored all impaired, defective or substantially worn parts to a sound condition (or

replaced them if necessary), and performed any operations required to put the transmission in

sound working condition.

31

reasonable consumers in the automotive context likely would understand that the engine

is used and has not undergone any rebuilding.

Example 12: An automobile parts dealer, automobile recycler, or other qualified entity

purchases a transmission that has been recovered from a salvaged or end-of-life vehicle. 

Eighty-five percent of the transmission, by weight, was rebuilt and 15% constitutes new

materials. After rebuilding the transmission in accordance with industry practices, the 8

dealer packages it for resale in a box labeled “Rebuilt Transmission,” or “Rebuilt

Transmission (85% recycled content from rebuilt parts),” or “Recycled Transmission

(85% recycled content from rebuilt parts).” Given consumer perception in the

automotive context, these claims are not deceptive.

§ 260.14 Refillable Claims.

It is deceptive to misrepresent, directly or by implication, that a package is refillable. A

marketer should not make an unqualified refillable claim unless the marketer provides the means

for refilling the package. The marketer may either provide a system for the collection and refill

of the package, or offer for sale a product that consumers can purchase to refill the original

package.

Example 1: A container is labeled “refillable three times.” The manufacturer has the

capability to refill returned containers and can show that the container will withstand

being refilled at least three times. The manufacturer, however, has established no
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collection program. The unqualified claim is deceptive because there is no means to

return the container to the manufacturer for refill. 

Example 2: A small bottle of fabric softener states that it is in a “handy refillable

container.” In the same market area, the manufacturer also sells a large-sized bottle that

consumers use to refill the smaller bottles. The claim is not deceptive because there is a

reasonable means for the consumer to refill the smaller container.

§ 260.15 Renewable Energy Claims.

(a) It is deceptive to misrepresent, directly or by implication, that a product or package is

made with renewable energy or that a service uses renewable energy. A marketer should not

make unqualified renewable energy claims, directly or by implication, if fossil fuel, or electricity

derived from fossil fuel, is used to manufacture any part of the advertised item or is used to

power any part of the advertised service, unless the marketer has matched such non-renewable

energy use with renewable energy certificates.

(b) Research suggests that reasonable consumers may interpret renewable energy claims

differently than marketers may intend. Unless marketers have substantiation for all their express

and reasonably implied claims, they should clearly and prominently qualify their renewable

energy claims. For instance, marketers may minimize the risk of deception by specifying the

source of the renewable energy (e.g., wind or solar energy). 

(c) It is deceptive to make an unqualified “made with renewable energy” claim unless all, or

virtually all, of the significant manufacturing processes involved in making the product or

package are powered with renewable energy or non-renewable energy matched by renewable

energy certificates. When this is not the case, marketers should clearly and prominently specify
33

the percentage of renewable energy that powered the significant manufacturing processes

involved in making the product or package. 

(d) If a marketer generates renewable electricity but sells renewable energy certificates for 

all of that electricity, it would be deceptive for the marketer to represent, directly or by

implication, that it uses renewable energy.

Example 1: A marketer advertises its clothing line as “made with wind power.” The

marketer buys wind energy for 50% of the energy it uses to make the clothing in its line. 

The marketer’s claim is deceptive because reasonable consumers likely interpret the

claim to mean that the power was composed entirely of renewable energy. If the

marketer stated, “We purchase wind energy for half of our manufacturing facilities,” the

claim would not be deceptive.

Example 2: A company purchases renewable energy from a portfolio of sources that

includes a mix of solar, wind, and other renewable energy sources in combinations and

proportions that vary over time. The company uses renewable energy from that portfolio

to power all of the significant manufacturing processes involved in making its product. 

The company advertises its product as “made with renewable energy.” The claim would

not be deceptive if the marketer clearly and prominently disclosed all renewable energy

sources. Alternatively, the claim would not be deceptive if the marketer clearly and

prominently stated, “made from a mix of renewable energy sources,” and specified the

renewable source that makes up the greatest percentage of the portfolio. The company

may calculate which renewable energy source makes up the greatest percentage of the

portfolio on an annual basis.
34

Example 3: An automobile company uses 100% non-renewable energy to produce its

cars. The company purchases renewable energy certificates to match the non-renewable

energy that powers all of the significant manufacturing processes for the seats, but no

other parts, of its cars. If the company states, “The seats of our cars are made with

renewable energy,” the claim would not be deceptive, as long as the company clearly and

prominently qualifies the claim such as by specifying the renewable energy source. 

Example 4: A company uses 100% non-renewable energy to manufacturer all parts of

its product, but powers the assembly process entirely with renewable energy. If the

marketer advertised its product as “assembled using renewable energy,” the claim would

not be deceptive.

Example 5: A toy manufacturer places solar panels on the roof of its plant to generate

power, and advertises that its plant is “100% solar-powered.” The manufacturer,

however, sells renewable energy certificates based on the renewable attributes of all the

power it generates. Even if the manufacturer uses the electricity generated by the solar

panels, it has, by selling renewable energy certificates, transferred the right to

characterize that electricity as renewable. The manufacturer’s claim is therefore

deceptive. It also would be deceptive for this manufacturer to advertise that it “hosts” a

renewable power facility because reasonable consumers likely interpret this claim to

mean that the manufacturer uses renewable energy. It would not be deceptive, however,

for the manufacturer to advertise, “We generate renewable energy, but sell all of it to

others.”
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§ 260.16 Renewable Materials Claims.

(a) It is deceptive to misrepresent, directly or by implication, that a product or package is

made with renewable materials.

(b) Research suggests that reasonable consumers may interpret renewable materials claims

differently than marketers may intend. Unless marketers have substantiation for all their express

and reasonably implied claims, they should clearly and prominently qualify their renewable

materials claims. For example, marketers may minimize the risk of unintended implied claims

by identifying the material used and explaining why the material is renewable. 

(c) Marketers should also qualify any “made with renewable materials” claim unless the

product or package (excluding minor, incidental components) is made entirely with renewable

materials.

Example 1: A marketer makes the unqualified claim that its flooring is “made with

renewable materials.” Reasonable consumers likely interpret this claim to mean that the

flooring also is made with recycled content, recyclable, and biodegradable. Unless the

marketer has substantiation for these implied claims, the unqualified “made with

renewable materials” claim is deceptive. The marketer could qualify the claim by

stating, clearly and prominently, “Our flooring is made from 100 percent bamboo, which

grows at the same rate, or faster, than we use it.” The marketer still is responsible for

substantiating all remaining express and reasonably implied claims. 

Example 2: A marketer’s packaging states that “Our packaging is made from 50% plantbased renewable materials. Because we turn fast-growing plants into bio-plastics, only

half of our product is made from petroleum-based materials.” By identifying the material

used and explaining why the material is renewable, the marketer has minimized the risk
36

of unintended claims that the product is made with recycled content, recyclable, and

biodegradable. The marketer has adequately qualified the amount of renewable materials

in the product.

§ 260.17 Source Reduction Claims.

It is deceptive to misrepresent, directly or by implication, that a product or package has

been reduced or is lower in weight, volume, or toxicity. Marketers should clearly and

prominently qualify source reduction claims to the extent necessary to avoid deception about the

amount of the source reduction and the basis for any comparison.

Example 1: An advertiser claims that disposal of its product generates “10% less

waste.” The marketer does not accompany this claim with a general environmental

benefit claim. Because this claim could be a comparison to the advertiser’s immediately

preceding product or to its competitors’ products, the advertiser should have

substantiation for both interpretations. Otherwise, the advertiser should clarify which

comparison it intends and have substantiation for that comparison. A claim of “10% less

waste than our previous product” would not be deceptive if the advertiser has

substantiation that shows that the current product’s disposal contributes 10% less waste

by weight or volume to the solid waste stream when compared with the immediately

preceding version of the product.