Litigation

Seyfarth Shaw Launches Green Marketing Compliance Team

CHICAGO - In response to the increasing need for manufacturers and retailers to market the "green" attributes of their products and services effectively and legally, Seyfarth Shaw LLP has launched a multi-disciplinary Green Marketing Compliance team to help clients comply with regulations associated with green and other eco-friendly initiatives.

Heading up the new team is Eric E. Boyd, a partner in the Environmental, Safety & Toxic Torts group in Seyfarth's Chicago office. The group includes attorneys from the firm's environmental, intellectual property, product liability, litigation and class action practices that are frequently engaged in environmental compliance and regulation issues.

The group advises retailers, distributors and manufacturers engaged in green marketing practices, as well as those who want to make certain that their competitors and suppliers are fulfilling their own green marketing claims. Seyfarth attorneys review clients' green marketing campaigns to ensure compliance with governing statutes and agency rules, such as the Federal Trade Commission's "Guides for the Use of Environmental Marketing Claims," commonly known as the "Green Guides."

Other Seyfarth partners involved in the green marketing group include Philip L. Comella, Jay W. Connolly, Bart A. Lazar, Ronan P. O'Brien, Andrew H. Perellis and Kevin A. Woolf.

As businesses of all kinds actively promote their products' sustainability and green virtues, they face growing scrutiny from regulators and consumer groups challenging their credibility. Seyfarth's team advises clients across a whole range of green marketing claims, which can include:

  • General "environmentally friendly" claims.
  • Eco-seals of approval and certifications.
  • Degradable, biodegradable or photodegradable claims.
  • Compostable claims.
  • Recyclable claims.
  • Please recycle claims.
  • Private recycling programs.
  • Recycled content claims.
  • Recycle symbols.
  • Source reduction claims.
  • Refillable claims.
  • Ozone safe, ozone friendly and no CFC claims. 

Seyfarth Shaw has previously handled numerous matters in green marketing compliance. The firm has vetted green marketing materials of manufacturers in multiple industries, including construction, office products and consumer goods. Team members have also assisted a company in developing a "supplemental environmental project" involving sustainability to offset the penalties necessary to resolve an enforcement action.

Seyfarth attorneys have also reviewed use of trademarks and logos to ensure compliance, as well as evaluated proposed revisions to the FTC's Green Guides. These include the Guides' provisions related to renewable energy, carbon offsets, renewable energy certificates, carbon neutrality, carbon footprint, sustainability, life cycle assessments, seals, logos, third-party certifications and source reduction claims.

For more information on Seyfarth's Green Marketing Compliance team, visit the team's Web page: www.seyfarth.com/GreenMarketingCompliance/

Seyfarth Shaw has more than 750 attorneys in 10 offices throughout the United States, including: Atlanta, Boston, Chicago, Houston, Los Angeles, New York, Sacramento, San Francisco and Washington, D.C., as well as internationally in London. For more information, visit www.seyfarth.com.