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FTC Hosts Workshop on Recyclable Claims

On May 23, 2023, the U.S. Federal Trade Commission (FTC) held a public workshop to examine recyclable claims as part of its review of the Guides for the Use of Environmental Marketing Claims (Green Guides). The workshop was split into three panels, discussing current trends, consumer perception, and potential updates to the Commission’s current guidance on recyclable claims.

While recyclable claims for aluminum, paper, glass, and plastics were all discussed during the workshop, the bulk of the discussion focused on the recycling of plastic waste. Panelists addressed several topics, including the following:

  • Should the “substantial majority” basis for an unqualified recyclable claim be changed?

  • Should ability to be recycled or actual reprocessing be considered?

  • Should the Green Guides recognize advanced recycling technologies for plastics?

  • What is the role of the resin identification code (RIC)?

  • Should the FTC engage in a rulemaking to create federal requirements for recyclable claims?

It remains to be seen if information from the workshop will result in changes to the Green Guides or if the FTC elects to initiate a rulemaking to make the Guides binding, but the latter seems unlikely. We provide more details regarding topics discussed during the workshop here.

© 2023 Keller and Heckman LLPNational Law Review, Volume XIII, Number 157

About this Author

Sheila Millar Consumer Protection Law Keller Heckman

Sheila leads our firm’s consumer protection regulatory practices and brings deep experience to a range of public policy and regulatory matters, including advertising and promotions, connected products, privacy and cybersecurity, and product safety. She counsels international and domestic businesses on compliance questions and processes, represents them in regulatory enforcement matters, and advocates on their behalf before federal and state legislative and regulatory bodies.

Sheila represents clients in enforcement investigations by the Federal Trade Commission (FTC), Consumer...

Anushka Rahman Privacy Cybersecurity Regulatory Lawyer Keller & Heckman Law Firm

Anushka Rahman counsels clients on domestic and international regulations related to privacy and cybersecurity, advertising and promotions, consumer product safety, hazardous materials transportation, and environmental matters. Within these areas, she provides guidance to clients on compliance and risk management strategies. She also represents clients in regulatory enforcement matters.

Prior to joining Keller and Heckman, Anushka worked in private practice, as well as for the U.S. Environmental Protection Agency. While in law school, she served...