AGENCY REVIEW OF ENVIRONMENTAL MARKETING CLAIMS - CASE-BY-CASE DECOMPOSITION OF THE ISSUES

Environmental claims in marketing are subject to review by a variety of government and self-regulatory bodies. Although some of these bodies have issued guidelines, the most important precedents have been set in case-by-case actions. We discuss cases brought by the state attorneys general and the New York City Division of Consumer Affairs, and examine in detail cases brought by the Federal Trade Commission and the National Advertising Division of the Council of Better Business Bureaus between 1990 and the end of 1994. Similarities and differences among the cases brought by these bodies are analyzed in relation to the goals and powers of the various review bodies. We conclude with observations about the adequacy with which issues involving environmental issues (e.g., degradability, recyclability, ozone impact, life cycle assessments) have been addressed in case-by-case action and provide some suggestions for future research.