04.26.23
The Federal Trade Commission (FTC) needs to do more to expand the scope and its own authority in the coming update to its Green Guides, according to the American Herbal Products Association (AHPA).
AHPA leadership, namely Michael McGuffin, president, Robert Marriott, director of regulatory affairs, and James W. Woodlee, general counsel, called on FTC via public comments to expand the scope of its environmental claim regulations in several areas.
The Green Guides are a set of principles and best practices advertisers should abide by that apply to all environmental marketing claims. It was last updated in 2012. The public comment period for the Green Guides update ended on April 24.
Leveling the Playing Field
AHPA’s 8-page letter detailed several areas in which the association would like to see FTC expand its scope. This includes establishing consistent national standards for what can be referred to as “recyclable,” to establish rules for which activities or products can be labeled “sustainable,” and to provide requirements for the placement and formatting of any qualifying statements associated with environmental claims.
AHPA also called on FTC to defer to the United States Department of Agriculture National Organic Program (USDA NOP) to regulate organic claims for dietary supplements.
“The Green Guides are a vital resource in need of expansion,” said Robert Marriott, AHPA Director of Regulatory Affairs. “A more detailed and consistent set of standards for product and packaging claims will ensure an even playing field for companies looking to promote their environmentally conscious activities.”
Format
On a broader level, AHPA requested that FTC provide formatting requirements for qualifying statements about environmental impact. “FTC should develop a standard for what type size and form is minimally sufficient in qualifying statements as well as provide related examples of qualifying statement language or placement that would not be considered clear, prominent, and understandable,” AHPA wrote. The authors suggested that FTC instill labeling requirements similar to those for nutrient content claims, with minimum type size and placement requirements.
Clarity on Recycling
The present Green Guides allow for recyclable claims when 60% of consumers or communities where a product is sold have access to recycling facilities. However, “consumers or communities” makes it unclear what marketers should be measuring, the association wrote.
To maintain the 60 percent standard, and facilitate a gradual shift toward real-world recycling rates rather than availability, AHPA said that the FTC should revise the language to read:
“Marketers can make unqualified recyclable claims when recycling facilities for an item are available to a substantial majority of consumers in the state or territory where the item is sold or when a substantial majority of the item is recycled in the state or territory where the item is sold. The term “substantial majority,” as used in this context, means at least 60 percent.”
Organic Dietary Supplements
As FTC evaluates where its authority is applicable to the marketplace’s use of the term organic, AHPA wrote that it should defer to the USDA NOP for dietary supplements, which fall under the purview of agricultural products in the case of herbs and botanicals, and as foods in all instances.
This way, USDA NOP will enforce dietary supplements with the same standards as other foods, which is in line with the Federal Food, Drug, and Cosmetic Act’s classification of dietary supplements.
Compostable
According to AHPA, FTC should include language which prohibits any items which cause pollution from being marketed as compostable. The primary concern mentioned is that existing synthetic soil contaminants such as PFAs or microplastics are found in product coating or packaging and may persist in compost.
A non-deceptive “compostable” claim should validate that a product will be free of persistent contaminants, including ones which don’t pose immediate hazards and don’t prevent compost from being “usable,” AHPA wrote.
To align with “recyclable” standards, “compostable” claims should only be permitted if the product is compostable in 60% of recycling facilities in the area in which a product is being sold, AHPA stated. It noted the disparity in availability of recycling and composting facilities, and as such, recommended the FTC articulate in greater detail how a marketer may determine the availability of composting facilities that may accept their products.
What Does “Sustainable” Mean?
In simple terms, FTC should lay out when marketers can and cannot describe their products as “sustainable,” AHPA wrote. Because consumers may view ‘sustainable’ claims differently depending on several factors, FTC didn’t give specific guidance on use of the term in its 2012 update.
However, “since the 2012 review, numerous authorities have developed public standards for the use of sustainability concepts and principles, including publications informing the interpretation of sustainability claims in different contexts,” AHPA wrote. “For example, the International Trade Centre and United Nations Environment Program released Guidelines for Providing Product Sustainability Information in 2017, and organizations such as the World Business Council for Sustainable Development have published subsequent materials building upon the Guidelines that apply to specific product and packaging categories. AHPA encourages FTC to review and make use of such resources in developing guidance on ‘sustainable’ claims.”
AHPA leadership, namely Michael McGuffin, president, Robert Marriott, director of regulatory affairs, and James W. Woodlee, general counsel, called on FTC via public comments to expand the scope of its environmental claim regulations in several areas.
The Green Guides are a set of principles and best practices advertisers should abide by that apply to all environmental marketing claims. It was last updated in 2012. The public comment period for the Green Guides update ended on April 24.
Leveling the Playing Field
AHPA’s 8-page letter detailed several areas in which the association would like to see FTC expand its scope. This includes establishing consistent national standards for what can be referred to as “recyclable,” to establish rules for which activities or products can be labeled “sustainable,” and to provide requirements for the placement and formatting of any qualifying statements associated with environmental claims.
AHPA also called on FTC to defer to the United States Department of Agriculture National Organic Program (USDA NOP) to regulate organic claims for dietary supplements.
“The Green Guides are a vital resource in need of expansion,” said Robert Marriott, AHPA Director of Regulatory Affairs. “A more detailed and consistent set of standards for product and packaging claims will ensure an even playing field for companies looking to promote their environmentally conscious activities.”
Format
On a broader level, AHPA requested that FTC provide formatting requirements for qualifying statements about environmental impact. “FTC should develop a standard for what type size and form is minimally sufficient in qualifying statements as well as provide related examples of qualifying statement language or placement that would not be considered clear, prominent, and understandable,” AHPA wrote. The authors suggested that FTC instill labeling requirements similar to those for nutrient content claims, with minimum type size and placement requirements.
Clarity on Recycling
The present Green Guides allow for recyclable claims when 60% of consumers or communities where a product is sold have access to recycling facilities. However, “consumers or communities” makes it unclear what marketers should be measuring, the association wrote.
To maintain the 60 percent standard, and facilitate a gradual shift toward real-world recycling rates rather than availability, AHPA said that the FTC should revise the language to read:
“Marketers can make unqualified recyclable claims when recycling facilities for an item are available to a substantial majority of consumers in the state or territory where the item is sold or when a substantial majority of the item is recycled in the state or territory where the item is sold. The term “substantial majority,” as used in this context, means at least 60 percent.”
Organic Dietary Supplements
As FTC evaluates where its authority is applicable to the marketplace’s use of the term organic, AHPA wrote that it should defer to the USDA NOP for dietary supplements, which fall under the purview of agricultural products in the case of herbs and botanicals, and as foods in all instances.
This way, USDA NOP will enforce dietary supplements with the same standards as other foods, which is in line with the Federal Food, Drug, and Cosmetic Act’s classification of dietary supplements.
Compostable
According to AHPA, FTC should include language which prohibits any items which cause pollution from being marketed as compostable. The primary concern mentioned is that existing synthetic soil contaminants such as PFAs or microplastics are found in product coating or packaging and may persist in compost.
A non-deceptive “compostable” claim should validate that a product will be free of persistent contaminants, including ones which don’t pose immediate hazards and don’t prevent compost from being “usable,” AHPA wrote.
To align with “recyclable” standards, “compostable” claims should only be permitted if the product is compostable in 60% of recycling facilities in the area in which a product is being sold, AHPA stated. It noted the disparity in availability of recycling and composting facilities, and as such, recommended the FTC articulate in greater detail how a marketer may determine the availability of composting facilities that may accept their products.
What Does “Sustainable” Mean?
In simple terms, FTC should lay out when marketers can and cannot describe their products as “sustainable,” AHPA wrote. Because consumers may view ‘sustainable’ claims differently depending on several factors, FTC didn’t give specific guidance on use of the term in its 2012 update.
However, “since the 2012 review, numerous authorities have developed public standards for the use of sustainability concepts and principles, including publications informing the interpretation of sustainability claims in different contexts,” AHPA wrote. “For example, the International Trade Centre and United Nations Environment Program released Guidelines for Providing Product Sustainability Information in 2017, and organizations such as the World Business Council for Sustainable Development have published subsequent materials building upon the Guidelines that apply to specific product and packaging categories. AHPA encourages FTC to review and make use of such resources in developing guidance on ‘sustainable’ claims.”
