Proposed Rule2023-04589
Public Workshop Examining Guides for the Use of Environmental Marketing Claims
Primary source
Metadata and text below are from the Federal Register, a public-domain U.S. government work. Always verify the official published version before relying on it for any legal matter.
Published
March 7, 2023
Effective
May 23, 2023
Issuing agencies
Federal Trade Commission
Abstract
The Federal Trade Commission ("FTC" or "Commission") plans to host a public workshop on May 23, 2023, to examine "recyclable" advertising claims. The workshop is a component of the Commission's recently announced regulatory review of the Guides for the Use of Environmental Marketing Claims.
Full Text
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<title>Federal Register, Volume 88 Issue 44 (Tuesday, March 7, 2023)</title>
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[Federal Register Volume 88, Number 44 (Tuesday, March 7, 2023)]
[Proposed Rules]
[Pages 14092-14094]
From the Federal Register Online via the Government Publishing Office [<a href="http://www.gpo.gov">www.gpo.gov</a>]
[FR Doc No: 2023-04589]
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FEDERAL TRADE COMMISSION
16 CFR Part 260
RIN 3084-AB15
Public Workshop Examining Guides for the Use of Environmental
Marketing Claims
AGENCY: Federal Trade Commission.
ACTION: Proposed rule; public meeting (workshop).
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SUMMARY: The Federal Trade Commission (``FTC'' or ``Commission'') plans
to host a public workshop on May 23, 2023, to examine ``recyclable''
advertising claims. The workshop is a component of the Commission's
recently announced regulatory review of the Guides for the Use of
Environmental Marketing Claims.
DATES: The public workshop will be held on May 23, 2023, from 8:30 a.m.
to 12:30 p.m. ET at the Constitution Center (first floor conference
rooms), 400 Seventh St. SW, Washington, DC 20024. The workshop will
also be available for viewing via live webcast at <a href="https://www.ftc.gov/news-events/events/2023/05/talking-trash-ftc-recyclable-claims-green-guides">https://www.ftc.gov/news-events/events/2023/05/talking-trash-ftc-recyclable-claims-green-guides</a>. Any written comments related to the issues discussed at the
workshop must be received by June 13, 2023.
ADDRESSES: Interested parties may file a comment by following the
instructions in Part IV of the SUPPLEMENTARY INFORMATION section below.
REGISTRATION INFORMATION: The workshop is open to the public and there
is no fee to attend. The FTC also plans to make this workshop available
via webcast (see <a href="https://www.ftc.gov/news-events/events/2023/05/talking-trash-ftc-recyclable-claims-green-guides">https://www.ftc.gov/news-events/events/2023/05/talking-trash-ftc-recyclable-claims-green-guides</a>). All in-person
attendees will be required to show a valid photo identification, such
as a driver's license, prior to admittance to the Conference Center.
Pre-registration is not necessary to attend.
The FTC Act and other laws we administer permit the Commission to
collect your contact information and any comments you submit for
consideration and use in this proceeding as appropriate. For additional
information, including routine uses permitted by the Privacy Act, see
the Commission's privacy policy at <a href="https://www.ftc.gov/site-information/privacy-policy">https://www.ftc.gov/site-information/privacy-policy</a>.
This event is open to the public and may be photographed,
videotaped, webcast, or otherwise recorded. By participating in this
event, you are agreeing that your image_and anything you say or
submit_may be posted indefinitely at <a href="http://www.ftc.gov">www.ftc.gov</a> or on one of the
Commission's publicly available social media sites.
FOR FURTHER INFORMATION CONTACT: Hampton Newsome (202-326-2889), or
Julia Solomon Ensor (202-326-2377), Division of Enforcement, Bureau of
Consumer Protection, Federal Trade Commission, 600 Pennsylvania Ave.
NW, Washington, DC 20580.
SUPPLEMENTARY INFORMATION:
I. Regulatory Review of the Green Guides
On December 20, 2022, the Commission published in the Federal
Register a document announcing a review of the agency's Guides for Use
of Environmental Marketing Claims, 16 CFR part 260 (``Green Guides'' or
the ``Guides'').\1\ This proceeding is part of the Commission's
periodic review of all rules and guides to: (1) examine their efficacy,
costs, and benefits; and (2) determine whether to retain, modify, or
rescind them.
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\1\ 87 FR 77766 (Dec. 20, 2022).
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First issued in 1992 \2\ and most recently revised in 2012,\3\ the
Green Guides address the applicability of section 5 of the FTC Act, 15
U.S.C. 45(a) (``section 5'') to environmental advertising and labeling
claims.\4\ The
[[Page 14093]]
Guides outline general principles applicable to all environmental
marketing claims and provide specific guidance regarding many common
environmental benefit claims. However, as administrative
interpretations of the law, the Guides are not independently
enforceable, nor do they represent the only permissible approach to
making nondeceptive environmental benefit claims.\5\ In any enforcement
action, the Commission must prove the challenged act or practice is
unfair or deceptive in violation of section 5 of the FTC Act.
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\2\ 57 FR 36363 (Aug. 13, 1992).
\3\ 77 FR 62122 (Oct. 11, 2012).
\4\ The FTC administers several other environmental and energy-
related rules and guides. See Guide Concerning Fuel Economy
Advertising for New Automobiles (16 CFR part 259), Energy Labeling
Rule (16 CFR part 305), Fuel Rating Rule (16 CFR part 306),
Alternative Fuels and Alternative Fueled Vehicles Rule (16 CFR part
309), Recycled Oil Rule (16 CFR part 311), and Labeling and
Advertising of Home Insulation Rule (16 CFR part 460).
\5\ The Guides do not establish standards for environmental
performance or prescribe testing protocols.
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In the December 2022 publication initiating the current review, the
Commission sought comment on several overarching issues, including the
continuing need for the Guides, their economic impact, and their effect
on preventing deceptive advertising claims. The publication also
invited comment on the Guides' interaction with other environmental
marketing regulations, and whether the Commission should consider
rulemaking to establish independently enforceable requirements to
address unfair and deceptive environmental claims. Finally, because the
Commission seeks to ensure the Guides appropriately respond to changes
in consumer perception, the Commission solicited consumer survey
evidence and consumer perception data addressing environmental claims,
including recyclable claims.
II. Recycling Workshop
As part of the Commission's 2012 review of the Guides, staff held
several workshops on issues of concern. As part of its current review,
the FTC plans to hold a workshop examining ``recyclable'' claims. The
workshop will cover such topics as: the current state of recycling
practices and recycling-related advertising in the U.S.; 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. The event is likely to include panels on these
topics. The FTC will publish a more detailed agenda in advance of the
scheduled workshop.
The December 2022 publication announcing the current review sought
comment on several questions related to ``recyclable'' claims.
Specifically, the Commission asked: Should the Commission revise the
Guides to include updated guidance on ``recyclable'' claims? If so,
why, and what guidance should be provided? If not, why not? What
evidence supports your proposed revision(s)? What evidence is available
concerning consumer understanding of the term ``recyclable''? What
evidence constitutes a reasonable basis to support a ``recyclable''
claim? The December 2022 publication also explained that the Guides
state marketers may make an unqualified ``recyclable'' claim when
recycling facilities are available to a substantial majority of
consumers or communities where the item is sold. ``Substantial
majority'' is defined as 60%. Should the Guides be revised to update
the 60% threshold? If so, why, and what guidance should be provided? If
not, why not? What evidence supports your proposed revision? Is there
any recent consumer perception research relevant to the 60% threshold?
Should the Guides be revised to include guidance related to unqualified
``recyclable'' claims for items collected by recycling programs for a
substantial majority of consumers or communities but not ultimately
recycled due to market demand, budgetary constraints, or other factors?
If so, why, and what guidance should be provided? If not, why not? What
evidence supports your proposed revision? These and other questions may
be addressed at the workshop.
III. Public Participation Information
A. Workshop Attendance
The workshop is free and open to the public and will be held in
person and webcast live on the FTC's website. This event may be
photographed, videotaped, webcast, or otherwise recorded. By
participating in this event, you are agreeing that your image--and
anything you say or submit--may be posted indefinitely at <a href="https://www.ftc.gov">https://www.ftc.gov</a> or on one of the Commission's publicly available social
media sites.
B. Panelists
The workshop will be organized into panels that will address the
designated topics. FTC staff will select the panelists. Other attendees
or interested stakeholders will have an opportunity to comment and ask
questions. The Commission will place a transcript of the proceeding on
the public record.
Disclosing funding sources promotes transparency, ensures
objectivity, and maintains the public's trust. Panelists will be
required to disclose the source of any support they received in
connection with participation at the workshop. This information will be
included in the published panelist bios as part of the workshop record.
C. Electronic and Paper Comments
The submission of comments is not required for participation in the
workshop. If a person wishes to submit paper or electronic comments
related to the issues discussed at the workshop, such comments should
be filed as prescribed in Part IV of this document (directly below) and
must be received on or before June 13, 2023.
IV. Filing Comments
The Commission invites comments only on the specific issues
discussed at the Workshop. You can file a comment online or on paper.
The deadline to file a comment is June 13, 2023. Write ``Green Guides--
Recycling Workshop, 16 CFR part 260, Project No. P954501'' on your
comment. Your comment--including your name and your state--will be
placed on the public record of this proceeding, including the <a href="https://www.regulations.gov">https://www.regulations.gov</a> website.
Postal mail addressed to the Commission is subject to delay due to
heightened security screening. As a result, we strongly encourage you
to submit your comments online. To make sure the Commission considers
your online comment, you must file it through the <a href="https://www.regulations.gov">https://www.regulations.gov</a> website by following the instructions on the web-
based form provided.
Because your comment will be placed on the public record, you are
solely responsible for making sure that your comment does not include
any sensitive or confidential information. In particular, your comment
should not include any sensitive personal information, such as your or
anyone else's Social Security number; date of birth; driver's license
number or other state identification number, or foreign country
equivalent; passport number; financial account number; or credit or
debit card number. You are also solely responsible for making sure that
your comment does not include any sensitive health information, such as
medical records or other individually identifiable health information.
In addition, your comment should not include any ``trade secret or any
commercial or financial information which . . . is privileged or
confidential''--as provided by section 6(f) of the FTC Act, 15 U.S.C.
46(f), and FTC Rule 4.10(a)(2), 16 CFR 4.10(a)(2)--including in
particular competitively sensitive information such as costs, sales
statistics, inventories, formulas, patterns, devices, manufacturing
processes, or customer names.
[[Page 14094]]
Comments containing material for which confidential treatment is
requested must be filed in paper form, must be clearly labeled
``Confidential,'' and must comply with FTC Rule 4.9(c), 16 CFR 4.9(c).
In particular, the written request for confidential treatment that
accompanies the comment must include the factual and legal basis for
the request, and it must identify the specific portions of the comments
to be withheld from the public record.\6\ Your comment will be kept
confidential only if the General Counsel grants your request in
accordance with the law and the public interest. Once your comment has
been posted on the <a href="https://www.regulations.gov">https://www.regulations.gov</a> website--as legally
required by FTC Rule 4.9(b)--we cannot redact or remove your comment
from the FTC website, unless you submit a confidentiality request that
meets the requirements for such treatment under FTC Rule 4.9(c), and
the General Counsel grants that request.
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\6\ See 16 CFR 4.9(c).
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If you file your comment on paper, write ``Green Guides--Recycling
Workshop, 16 CFR part 260, Project No. P954501'' on your comment and on
the envelope, and mail your comment to the following address: Federal
Trade Commission, Office of the Secretary, 600 Pennsylvania Ave. NW,
Suite CC-5610 (Annex F), Washington, DC 20580, or deliver your comment
to the following address: Federal Trade Commission, Office of the
Secretary, Constitution Center, 400 7th St. SW, 5th Floor, Suite 5610
(Annex F). If possible, submit your paper comment or request to the
Commission by courier or overnight service.
Visit the Commission website at <a href="https://www.ftc.gov">https://www.ftc.gov</a> to read this
document and the news release describing it. The FTC Act and other laws
that the Commission administers permit the collection of public
comments to consider and use in this proceeding as appropriate. The
Commission will consider all timely and responsive public comments that
it receives on or before June 13, 2023. For information on the
Commission's privacy policy, including routine uses permitted by the
Privacy Act, see <a href="https://www.ftc.gov/site-information/privacy-policy">https://www.ftc.gov/site-information/privacy-policy</a>.
By direction of the Commission.
April J. Tabor,
Secretary.
[FR Doc. 2023-04589 Filed 3-6-23; 8:45 am]
BILLING CODE 6750-01-P
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</html>Indexed from Federal Register on March 7, 2023.
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