In Law360, Litigators Analyze How Federal Trade Commission Review of Green Guides Could Impact False Advertising Practice

In The News
April 14, 2023

In a Law360 article, IP and litigation & enforcement attorneys examined how the Federal Trade Commission’s review of its Guides for the Use of Environmental Marketing Claims (the “Green Guides”) could have implications not just for enforcement under the FTC Act , but also for false advertising claims challenging alleged “greenwashing” in federal district court and before the International Trade Commission.

The authors further explain that the FTC is seeking public comments on updates to the Green Guides, and it may be laying the groundwork to issue rules governing environmental marketing claims. If the FTC issues such rules, it seems likely that federal district courts and the ITC my follow the Green Guides when considering false advertising claims.

The article was authored by IP litigation counsel Cassandra Roth, IP litigation partner Matt Rizzolo, litigation & enforcement partner Chong Park and IP litigation associate Brendan McLaughlin.