New green guide for marketing - build it green

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(N
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New
o) Green Guide for
Marketing
Build It Green Webinar
April 25, 2012

Maureen Ladley, Ladley & Associates
CGBP, LEED AP

Maureen Ladley
LEED AP, CGBP
Member - Build It Green

(510) 238-0150
Maureen.Ladley@LadleyandAssociates.com

LadleyandAssociates.com

Question & Answer

Please type your
questions into the
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Green Guides…
• Federal Trade Commission (FTC)
– “Protecting America’s Consumers”
• Since 1992, updated 2010
• Green Guides help avoid “making false or
misleading green claims….”
• Impact: Environmental Seals of Approval,
environmental claims


New…in 1992
• FTC introduces “Green Guides”
• Bill Clinton becomes US President
• Hurricane Andrew hits South Florida
• First McDonald’s opens in Beijing
• Gas is $1.05 a gallon
• Average income is $30,030
• Average cost of a new house is $122,500


Revised in 2010
• FTC updates “Green Guides”
• BP Deepwater Horizon oil spill disaster
• Magnitude 7 earthquake hits Haiti
• Apple releases the iPad
• Gas is $2.73 a gallon
• Average income is $46,326
• Average cost of a new house is $232,880


Potential Implications, Impacts
• Get it right at start - save time and money
• Avoid misrepresentation
• Create clear customer/client understanding
• Alert to product and service labels
• Spread the word to partners, suppliers

Note: This presentation is marketing advice, not legal advice – when in doubt, get legal counsel!


Green Guides
Categories:

3. General Principals

5. Environmental
Marketing Claims


General Principals
Addresses environmental marketing claims:
2. Qualifications and disclosures
3. Distinction between benefit of product,
package or service
4. Overstatement of environmental attribute
5. Comparative claims


Checklist – General Principals
Is qualification or disclosure:
 Sufficiently clear, with clarity of language?
 Prominent, with relative type size and proximity to claim being qualified?
 Understandable to prevent deception?
 Contrary claims not also present?

Is distinction between benefits of product, package and service clearly for:
 Product, or
 Package, or
 Service, or
 Component of one?

Does marketing claim overstate the environmental attribute or benefit, expressly or by
implication?
 Are environmental benefits significant, or negligible?

Is a “comparative” statement present, and if so:
 Is the basis for comparison sufficiently clear to avoid consumer deception?
 Can the advertiser substantiate the comparison?


Distinction?

 If the box said
“Recyclable” is that
sufficient?

 Would it be clear
whether it was the box, the
foil or some other
component?


Overstatement?

 Does is paragraph “qualify” the claim?
 Is it going anywhere other than the landfill?
 Does this overstate the claim?


Environmental Marketing Claims
• General environmental benefit claim
• Degradable/biodegradable/photodegradable
• Compostable
• Recyclable
• Recycled content
• Source reduction
• Refillable
• Ozone safe and ozone friendly


Checklist – Env. Marketing Claims
Does the product, package or service offer:
 A general environmental benefit (directly or implied)?
 A broad claim (e.g. Eco-Safe, Environmentally Friendly, essentially non-toxic)?
 A qualifier for the claim?

Is degradability/biodegradability/photodegradability claimed?
 Is the claim qualified, substantiated by scientific evidence?
 Will it decompose within a reasonably short period of time, as customarily disposed?
 Is rate and extent of decomposition clear?

Does product or package make a compostable claim?
 Is claim substantiated by scientific evidence that all the materials will break down into usable
compost, in a safe and timely manner?
 Will it safely break down in a home composting device?
 Does the claim mislead about the benefits if product is disposed of in a landfill?
 Is a municipal or institutional composting facility available in the area the product is sold?


Is product or packaging recyclable?
 Can it be collected, separated or otherwise recovered from the solid waste stream for re-use,
though an established recycling program?
 Are there non-recyclable components to the product or package?
 Are the recyclable and non-recyclable clearly qualified?
 Are collection sites for recycling the material available to a substantial majority of area
consumers?
Does product or packaging claim recycled content?
 Have materials been recovered or otherwise diverted from the solid waste stream?
 During the manufacturing process (pre-consumer) or after consumer use (post-consumer)?
 If using pre-consumer material, is there substantiation for concluding that the material would
otherwise have entered the solid waste stream?
 Are distinctions made between pre-consumer and post-consumer materials, substantiated?
 If partially made of recycled material, is amount qualified by weight, of recycled content in the
finished product or package?
 If using recycled components (or used, reconditioned or remanufactured), is the claim
adequately qualified?


Is a source reduction claim made?
 Has the product or package been reduced or is lower in weight, volume or toxicity?
 Have source reduction claims been qualified?

Is a refillable package claim made?
 Is a refillable system provided for, such as collection and return of package for refilling?
 Is a later refill of the package by consumers with a product sold in another package?
 Are the refills sold in the same area as the refillable package?
 Does the package have an unqualified assumption that it’s up to the consumer to find new
ways to fill the package?

Is a claim of ozone safe or ozone friendly made?
 Is claim substantiated?


Qualified?

Sustainability Benefits:
•Contains more than 99% natural ingredients*
•Certified to include a minimum of 58% total recycled content **
•Formaldehyde free

*Unfaced insulation made with a minimum of 99 percent by weight natural materials
consisting of minerals and plant-based compounds.
**Certified by Scientific Certifications Systems to have a minimum of 58 percent recycled
glass content with at least 36 percent post-consumer recycled and the balance pre-consumer
recycled glass content.
Source: Owens Corning website


Qualified?

New Tech Shingles

100% Recycled PEP Resins with additives, coloring, and UV Inhibitors

Source: New Tech Website


Qualified?

100% Recycled EcoStud
We are proudly stocking and distributing Superior Polymer’s EcoStud Product line. This distribution
agreement includes 1″ to 3″ Z Furring Channel, Flanged Furring Channel as well as their revolutionary
Clip and Go Track and Stud. Recycled plastic studs allow for builders to easily and cheaply meet the new
energy codes coming to a city and state near you. By using plastic instead of Metal or Wood Studs and
Furring Channel can be installed directly against Concrete Walls without the need of adding additional
Foam to create a Thermal Break. Plastic is not a conductor so you do not compromise the thermal
performance of the wall system using EcoStud. Another great feature is it will not rust or grow mold
and mildew so for basement applications where water can be an issue this product is the one that will
last forever.

EcoStud products are manufactured with 100% recycled plastic.

Source: BuyLEEDLumber.com, EcoStud.com


Qualified?


Third Party Endorsement/Rating


More Information
• Federal Trade Commission:
www.ftc.gov

• FTC Part 260:
www.ftc.gov/bcp/grnrule/guides980427.htm


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