Learning from Past Mistakes: Future Regulation to Prevent Greenwashing

Abstract

The term “greenwashing” refers to false or misleading environmental claims in advertising. This Note gives an overview of various laws that may be applied to greenwashers and the “Green Guides,” the Federal Trade Commission’s nonbinding guidance covering the application of the Federal Trade Commission Act to environmental claims. This Note argues that greenwashing is a persistent problem for consumers and the environment and that existing laws are not sufficient to prevent it. It suggests that additional federal regulation is needed to curb greenwashing, and that regulation should specifically define terms and be uniform across the country. Unlike the Green Guides, future greenwashing regulation should be binding and enforceable.