UNITED STATES OF AMERICA 

Federal Trade Commission 

WASHINGTON, D.C. 20580 

Office of the Chair 

Statement of Chair Lina M. Khan 

Regarding the Regulatory Review of the Guides 

For the Use of Environmental Marketing Claims 

Commission File No. P954501 

December 14, 2022 

People decide what to buy, or not to buy, for all kinds of reasons. One of those reasons 

increasingly seems to be environmental impact. Before making a purchase, many American 

consumers want to know how a product contributes to climate change, or pollution, or the spread 

of microplastics. Businesses have noticed. Walk down the aisle at any major store—you’re likely 

to see packages trumpeting their low carbon footprint, their energy efficiency, or their quoteunquote “sustainability.”

For the average consumer, it’s impossible to verify these claims. People who want to buy 

green products generally have to trust what it says on the box. 

That’s why it’s so important for companies making these claims to tell the truth. If they 

don’t, it distorts the market for environmentally friendly products. It puts honest companies, who 

bear the costs of green business practices, at a competitive disadvantage. And it harms 

consumers who want to make conscientious decisions about what products to buy and what 

businesses to support. 

The Commission has a strong track record of suing companies for deceptive 

environmental claims. It has reached several multi-million-dollar settlements just in the past few 

years. 1 And, since 1992, the FTC has published the Guides for the Use of Environmental 

Marketing Claims.2 The “Green Guides,” as we call them, are administrative interpretations of 

the FTC Act as applied to environmental claims. They help companies avoid running afoul of the 

law’s ban on deceptive advertising. And they clarify the boundaries for fair, legal competition.

To be effective, the Green Guides have to keep up with developments in both science and 

consumer perception. That’s why the Commission is commencing a regulatory review of the

guides. 

1 United States v. Walmart Inc., Case No. 1:22-cv-00965 (D.D.C. Apr. 8, 2022), 

https://www.ftc.gov/system/files/ftc_gov/pdf/2023173WalmartComplaint.pdf; United States v. Kohl’s Inc., Case No. 

1:22-cv-00964 (D.D.C. Apr. 8, 2022), https://www.ftc.gov/system/files/ftc_gov/pdf/2023171KohlsOrder.pdf; FTC 

v. Truly Organic Inc., Case No. 1:19-cv-23832 (S.D. Fla. Sept. 18, 2019), 

https://www.ftc.gov/system/files?file=documents/cases/truly_organic_stipulated_final_order_0.pdf. 2 The most recent revisions to the Guides occurred in 2012. See Guides for the Use of Environmental Marketing 

Claims, 77 Fed. Reg. 62122 (Oct. 11, 2012). 

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At a broad level, the questions focus on whether any aspects are outdated and in need of 

revision. For example, recent reports suggest that many plastics that consumers believe they’re

recycling actually end up in landfills. One question, then, is whether claims that a product is 

recyclable should reflect where a product ultimately ends up, not just whether it gets picked up 

from the curb. I’m particularly interested in receiving comments, including consumer perception 

research, on relatively emerging environmental topics. 

I’d like to thank staff for their hard work on this matter, and I encourage members of the 

public to submit comments to make sure their voice is heard. 

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