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The Next Generation Of Greenwash: Diminishing Consumer Confusion Through A National Eco-Labeling Program , Jessica E. Fliegelman
The Next Generation Of Greenwash: Diminishing Consumer Confusion Through A National Eco-Labeling Program , Jessica E. Fliegelman
Fordham Urban Law Journal
Since the 1990's there has been a continuously growing movement among advertisers to appeal to consumers by touting how environmentally friendly their products are. This note addresses the prominence of misleading and deceptive environmental claims that have prompted appeals for improved federal regulation. Specifically, the Note focuses on the emerging trend of carbon advertising and national and international models that provide guidance on preventing deception. Part I conveys the current status of environmental advertising and the necessary background principles for establishing regulations. Part II details major criticisms of the current environmental advertising guidelines and proposed models for restructuring environmental advertising …
Advertising Regulation: The Contemporary Ftc Approach, Gerald J. Thain
Advertising Regulation: The Contemporary Ftc Approach, Gerald J. Thain
Fordham Urban Law Journal
This article deals with the Federal Trade Commission's traditional activities of adjudication and rule-making by discussing expansion of theories of violation, standards of proof and remedies in advertising cases brought under section 5 of the FTC Act. Specifically, the article discusses pending cases and the FTC's involvement in deceptive advertising, the "Unfairness Doctrine," and the problems associated with advertising targeted at children. The article then evaluates the FTC's alternative approaches to adjudication and rule-making through its substantiation program and stance on counter-advertising.