Antitrust Law Daily Wrap Up, ADVERTISING NEWS: Claims that dog waste bags are “biodegradable” and “compostable” may be deceptive: FTC staff, (Feb 3, 2015)
Organizations Mentioned:Bureau of Consumer Protection
By Dan Selcke, J.D.
The FTC staff has sent letters to 20 manufacturers of dog waste bags, warning them that marketing their products as “biodegradable” and “compostable” without any qualifications might be deceptive, according to an agency announcement.
According to the FTC’s Guides for the Use of Environmental Marketing Claims (the Green Guides), making the claim that a product is “biodegradable” without any qualification indicates to consumers that it will completely break down into its natural components within one year after disposal. However, most waste bags end up in landfills where no plastic biodegrades within a year, if it biodegrades at all.
Meanwhile, making a claim that a product is “compostable” without any qualifications indicates that it will safely break down at the same rate as natural products like leaves and grass clippings in a compost pile. Dog waste, however, is generally not safe to compost at home. Even if the manufacturers of dog waste bags were more careful and noted that their products would only compost in commercial or municipal facilities, they run the risk of giving consumers the impression that such facilities are generally available in their area, when in reality very few facilities accept this waste.
“Consumers looking to buy environmentally friendly products should not have to guess whether the claims made are accurate,” said Jessica Rich, Director of the FTC’s Bureau of Consumer Protection. “It is therefore critical for the FTC to ensure that these claims are not misleading, to protect both consumers and honest competitors.”
The FTC further advised the companies on its mailing list to review their marketing materials and contact the agency to explain how they intended to revise or remove the claims, or to explain why they won’t. The FTC did not disclose the identities of the recipients, but warned that companies should not assume their marketing claims passed muster just because they had not received a letter.
News: Advertising ConsumerProtection FederalTradeCommissionNews