Making Renewable Energy Claims Under the FTC Green Guides: Key Considerations, Lessons From Recent Enforcement

Description

As jurisdictions have begun to adopt laws to reduce the use of fossil fuels and fossil gas, energy companies have sought to reduce their environmental impact and to market renewable energy. As these companies seek to promote energy products, technologies, and transactions as environmentally friendly, they need to ensure that their claims and public statements align with the FTC's "Guides for the Use of Environmental Marketing Claims" (the Green Guides).

The FTC is in the process of updating and refining the Green Guides for the first time since 2012 and may even consider a rulemaking under the FTC Act. State attorneys general have urged the FTC to make certain updates to the Green Guides and have requested that the FTC expand Section 260.15 to explicitly cover marketing claims related to fossil gas.

With the expected changes to the Green Guides and an increased focus on renewable energy claims, energy companies and their counsel should examine their marketing programs now, since noncompliance can lead to inquiries, data requests, and civil investigations.

Listen as our panel of attorneys discuss the anticipated upcoming changes to the Green Guides and best practices for energy companies to ensure their renewable energy claims align with the Green Guides.