Advocacy

FTC Updating ‘Green Guides’ for Environmental Marketing Claims

In December, the U.S. Federal Trade Commission (FTC) issued a request for comments on updating the Commission’s Guides for Use of Environmental Marketing Claims, better known as the “Green Guides.” The Green Guides outline general principles applicable to all environmental marketing claims and provide specific guidance regarding many common environmental benefit claims.

The FTC is seeking comment on environmental marketing claims, including those related to the terms “compostable,” “degradable,” “recyclable,” and “recycled content.” The Green Guides will influence how they are used on packaging and in marketing across the United States. For each claim covered, the Guides:

1. Explain how reasonable consumers likely interpret it;
2. Describe the basic elements necessary to substantiate it; and
3. Present options for qualifications to avoid deception.

The last review of these Guides occurred in 2012.

The SWANA Sustainable Materials Management Technical Division Advocacy Committee is leading development of the Association’s comments in conjunction with the SWANA Core Advocacy Group. Comments are due by February 21, 2023.

EPA Announces Plans to Regulate PFAS in Leachate

The US Environmental Protection Agency (EPA) has released Effluent Guidelines Program Plan 15, which recommends new Effluent Limitation Guidelines (ELGs) for landfills to prevent discharge of PFAS. ELGs are national, technology-based regulations developed to control industrial wastewater discharges to surface waters and into publicly owned treatment works (POTWs).

EPA cites a September 2021 study of 200 landfills that found PFAS was present in leachate at 95 percent of locations as cause for developing ELGs. 63 different PFAS types were found among the sites.

The timeline for develop of ELGs and their content is still unknown, as public review and comment on a preliminary plan are still required. Currently, EPA states that this will occur “pending resource availability.”

SWANA will continue to review the program plan and associated study and respond accordingly.