To avoid greenwashing, advertisers are advised by the Federal Trade Commission to consult the latest version of its Green Guides, last revised in 2012. In December 2022, the commission announced another possible update to the guides to provide additional guidance on recycling claims as well as “ozone-safe,” “compostable,” and other representations in growing use on consumer products. ([A#RS153207])

States are cracking down on deemed deceptive recycling claims. A new law in California, SB 343, that went into effect on 1 January prohibits companies from claiming their products are recyclable or using the “chasing arrows” symbol on packaging unless those products are actually recycled in a meaningful way, ie, in at least 60% of the state. (Also see "PCPC Working To Ensure State EPR Programs Are ‘Least Onerous As Possible’" - HBW Insight, 4 October, 2022.)

Companies making clean claims are on the radar of consumer class action attorneys as well. Kelly Bonner, a trial attorney in Duane Morris LLP’s Philadelphia office, said as long as “clean” remains an amorphous term with competing definitions, industry will see an emboldened plaintiffs’ bar. (Also see "Plaintiffs’ Bar Emboldened As Long As This ‘Amorphous Term’ Persists In Personal-Care Marketing" - HBW Insight, 13 October, 2023.)

Laura Brett, vice president for the National Advertising Division of BBB National Programs, told HBW Insight in November 2023 that a "clean beauty" case at NAD would be made public "relatively soon." (Also see "NAD’s Laura Brett Looks At 2024: ‘Clean Beauty,’ Influencers, Health Claims, Dark Patterns And AI" - HBW Insight, 28 November, 2023.)

Clean Beauty ‘Important’ To 63% Of US Shoppers, But Quality, Price Weigh On Decision

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