By Lynn L. Bergeson and Carla N. Hutton

On May 11, 2023, the U.S. Environmental Protection Agency (EPA) held a webinar on its Draft National Strategy to Prevent Plastic Pollution (Draft Strategy). As reported in our May 2, 2023, memorandum, EPA states in its April 21, 2023, press release that the Draft Strategy includes “ambitious actions to eliminate the release of plastic and other waste from land-based sources into the environment by 2040.” During the webinar, EPA provided an overview of the Draft Strategy and the key questions on which EPA seeks comment. Comments on the Draft Strategy are due June 16, 2023. According to EPA’s website, it recorded the webinar and will post it online “soon.”

The webinar included a question and answer (Q&A) period. EPA stated that it would answer questions only to clarify information and that substantive comments should be submitted to the docket. Questions included:

• Can you please explain EPA’s thinking behind the new testing requirements for pyrolysis (or chemical recycling) facilities?
• How does EPA expect to meet Objective A, reduce pollution during plastic production, without addressing toxic chemicals used in plastic production?
• Given the ubiquity of chemical additives that are threats to human health, how will EPA ensure that the circular economy does not circulate toxic chemicals?
• Will elimination of per- and polyfluoroalkyl substances (PFAS) in plastics be mandated?
• There are 48 pages in the draft strategy and toxics shows up in three places. How does EPA expect to reach its goals without discussing toxics?

EPA suggested that these questions be submitted in written comments. In a few cases, EPA responded that the office that developed that portion of the Draft Strategy (presumably the Office of Chemical Safety and Pollution Prevention (OCSPP)) was not on the webinar. EPA stated that it would like to hear about any additional actions that should be included in the Draft Strategy. When asked whether increasing consumer awareness includes labeling, EPA noted that the Federal Trade Commission (FTC) has requested public comment on potential updates to its Guides for Use of Environmental Marketing Claims (Green Guides) and suggested stakeholders submit comments to FTC. Although the comment deadline on the Green Guides has passed, as reported in our May 11, 2023, blog item, FTC will hold a May 23, 2023, workshop on “Talking Trash: Recyclable Claims and the Green Guides.” In conjunction with the workshop, FTC will accept additional public comment until June 13, 2023, to accommodate those who wish to provide input on the topics discussed at the event.

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By Lynn L. Bergeson and Carla N. Hutton
 
The Federal Trade Commission (FTC) announced on May 10, 2023, that it released the tentative agenda for its May 23, 2023, workshop on “Talking Trash: Recyclable Claims and the Green Guides.” The workshop will examine FTC’s guidance on “recyclable” advertising claims as part of its ongoing review of the Guides for Use of Environmental Marketing Claims (Green Guides). The workshop is free and open to the public, and pre-registration is not required. FTC states that the workshop will feature three panel discussions featuring a range of stakeholders. The panel discussions will focus on:

• The Current State of the Recycling Market and Claims: This session will include discussion of current conditions in the consumer recycling space, operation of recycling programs, markets for recyclable products, and advertising claims;
• Consumer Perception of Recycling Claims: This session will explore available evidence of how consumers understand “recyclable” advertising claims; and
• The Future of the Green Guides: This session will build on the previous sessions to analyze whether changes or updates are needed to ensure the Green Guides continue to provide accurate guidance to marketers on how to avoid making deceptive “recyclable” claims.

FTC will webcast the workshop on its website, http://www.ftc.gov. Registration is not required to watch the webcast. In conjunction with the workshop, FTC states that it is seeking additional public comment. The public will have until June 13, 2023, to submit comments to accommodate those who wish to provide input on the topics discussed at the event. More information on FTC’s review of the Green Guides is available in our December 16, 2022, memorandum. 

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By Lynn L. Bergeson and Carla N. Hutton

The Federal Trade Commission (FTC) will host a workshop on May 23, 2023, to examine “recyclable” adverting claims as part of its review of the Guides for the Use of Environmental Marketing Claims (Green Guides). The workshop, “Talking Trash at the FTC: Recyclable Claims and the Green Guides,” is free and open to the public, and pre-registration is not required.
 
According to the pre-publication version of the Federal Register notice announcing the meeting, the workshop will cover topics including the current state of recycling practices and recycling-related advertising in the United States, consumer perception of current and emerging recycling-related claims, and the need for any updates or other changes to the Green Guides related to recycling claims. FTC states that the workshop likely will include panels on these subjects, and it will publish a more detailed agenda in the coming months.
 
The workshop will be held at the Constitution Center in Washington, D.C., from 8:30 a.m. (EDT) to 12:30 p.m. (EDT), May 23, 2023. It also will be available for viewing live on the Internet. Written comments related to the issues to be discussed at the workshop must be received by June 13, 2023.
 
More information on FTC’s review of the Green Guides is available in our December 16, 2022, memorandum.

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By Lynn L. Bergeson and Carla N. Hutton
 
The Federal Trade Commission (FTC) announced on January 31, 2023, that it has extended the deadline for public comment on its Guides for the Use of Environmental Marketing Claims (Green Guides) to April 24, 2023. FTC states in its December 14, 2022, news release that it seeks to update the Green Guides “based on increasing consumer interest in buying environmentally friendly products.” FTC expects “many public comments” on the following specific issues:

• Carbon Offsets and Climate Change: The current Green Guides provide guidance on carbon offset and renewable energy claims. FTC invites comments on whether the revised Green Guides should provide additional information on related claims and issues;
   
• The Term “Recyclable”: Among other things, FTC seeks comments on whether it should change the current threshold that guides marketers on when they can make unqualified recyclable claims, as well as whether the Green Guides should address in more detail claims for products that are collected (picked up curbside) by recycling programs but not ultimately recycled;
   
• The Term “Recycled Content”: FTC requests comments on whether unqualified claims about recycled content -- particularly claims related to “pre-consumer” and “post industrial” content -- are widely understood by consumers, as well as whether alternative methods of substantiating recycled content claims may be appropriate; and
   
• The Need for Additional Guidance: FTC also seeks comment on the need for additional guidance regarding claims such as “compostable,” “degradable,” “ozone-friendly,” “organic,” and “sustainable,” as well as those regarding energy use and energy efficiency.

More information and an insightful commentary are available in our December 16, 2022, memorandum.

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By Lynn L. Bergeson and Carla N. Hutton
 
On December 20, 2022, the Federal Trade Commission (FTC) requested public comment on its Guides for the Use of Environmental Claims (Green Guides). FTC intends the Green Guides to help marketers avoid making environmental marketing claims that are unfair or deceptive under Section 5 of the FTC Act. 87 Fed. Reg. 77766. FTC states in its December 14, 2022, news release that it seeks to update the Green Guides “based on increasing consumer interest in buying environmentally friendly products.” As noted in our December 16, 2022, memorandum, publication of the notice in the Federal Register began a 60-day comment period. Comments are due February 21, 2023.
 
FTC states that it expects “many public comments” on the following specific issues:

• Carbon Offsets and Climate Change: The current Green Guides provide guidance on carbon offset and renewable energy claims. FTC invites comments on whether the revised Green Guides should provide additional information on related claims and issues;
   
• The Term “Recyclable”: Among other things, FTC seeks comments on whether it should change the current threshold that guides marketers on when they can make unqualified recyclable claims, as well as whether the Green Guides should address in more detail claims for products that are collected (picked up curbside) by recycling programs but not ultimately recycled;
   
• The Term “Recycled Content”: FTC requests comments on whether unqualified claims about recycled content -- particularly claims related to “pre-consumer” and “post industrial” content -- are widely understood by consumers, as well as whether alternative methods of substantiating recycled content claims may be appropriate; and
   
• The Need for Additional Guidance: FTC also seeks comment on the need for additional guidance regarding claims such as “compostable,” “degradable,” ozone-friendly,” “organic,” and “sustainable,” as well as those regarding energy use and energy efficiency.

More information and an insightful commentary are available in our December 16, 2022, memorandum.

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