[Federal Register Volume 88, Number 44 (Tuesday, March 7, 2023)]
[Proposed Rules]
[Pages 14092-14094]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2023-04589]


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FEDERAL TRADE COMMISSION

16 CFR Part 260

RIN 3084-AB15


Public Workshop Examining Guides for the Use of Environmental 
Marketing Claims

AGENCY: Federal Trade Commission.

ACTION: Proposed rule; public meeting (workshop).

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SUMMARY: The Federal Trade Commission (``FTC'' or ``Commission'') plans 
to host a public workshop on May 23, 2023, to examine ``recyclable'' 
advertising claims. The workshop is a component of the Commission's 
recently announced regulatory review of the Guides for the Use of 
Environmental Marketing Claims.

DATES: The public workshop will be held on May 23, 2023, from 8:30 a.m. 
to 12:30 p.m. ET at the Constitution Center (first floor conference 
rooms), 400 Seventh St. SW, Washington, DC 20024. The workshop will 
also be available for viewing via live webcast at https://www.ftc.gov/news-events/events/2023/05/talking-trash-ftc-recyclable-claims-green-guides. Any written comments related to the issues discussed at the 
workshop must be received by June 13, 2023.

ADDRESSES: Interested parties may file a comment by following the 
instructions in Part IV of the SUPPLEMENTARY INFORMATION section below.

REGISTRATION INFORMATION: The workshop is open to the public and there 
is no fee to attend. The FTC also plans to make this workshop available 
via webcast (see https://www.ftc.gov/news-events/events/2023/05/talking-trash-ftc-recyclable-claims-green-guides). All in-person 
attendees will be required to show a valid photo identification, such 
as a driver's license, prior to admittance to the Conference Center. 
Pre-registration is not necessary to attend.
    The FTC Act and other laws we administer permit the Commission to 
collect your contact information and any comments you submit for 
consideration and use in this proceeding as appropriate. For additional 
information, including routine uses permitted by the Privacy Act, see 
the Commission's privacy policy at https://www.ftc.gov/site-information/privacy-policy.
    This event is open to the public and may be photographed, 
videotaped, webcast, or otherwise recorded. By participating in this 
event, you are agreeing that your image_and anything you say or 
submit_may be posted indefinitely at www.ftc.gov or on one of the 
Commission's publicly available social media sites.

FOR FURTHER INFORMATION CONTACT: Hampton Newsome (202-326-2889), or 
Julia Solomon Ensor (202-326-2377), Division of Enforcement, Bureau of 
Consumer Protection, Federal Trade Commission, 600 Pennsylvania Ave. 
NW, Washington, DC 20580.

SUPPLEMENTARY INFORMATION: 

I. Regulatory Review of the Green Guides

    On December 20, 2022, the Commission published in the Federal 
Register a document announcing a review of the agency's Guides for Use 
of Environmental Marketing Claims, 16 CFR part 260 (``Green Guides'' or 
the ``Guides'').\1\ This proceeding is part of the Commission's 
periodic review of all rules and guides to: (1) examine their efficacy, 
costs, and benefits; and (2) determine whether to retain, modify, or 
rescind them.
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    \1\ 87 FR 77766 (Dec. 20, 2022).
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    First issued in 1992 \2\ and most recently revised in 2012,\3\ the 
Green Guides address the applicability of section 5 of the FTC Act, 15 
U.S.C. 45(a) (``section 5'') to environmental advertising and labeling 
claims.\4\ The

[[Page 14093]]

Guides outline general principles applicable to all environmental 
marketing claims and provide specific guidance regarding many common 
environmental benefit claims. However, as administrative 
interpretations of the law, the Guides are not independently 
enforceable, nor do they represent the only permissible approach to 
making nondeceptive environmental benefit claims.\5\ In any enforcement 
action, the Commission must prove the challenged act or practice is 
unfair or deceptive in violation of section 5 of the FTC Act.
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    \2\ 57 FR 36363 (Aug. 13, 1992).
    \3\ 77 FR 62122 (Oct. 11, 2012).
    \4\ The FTC administers several other environmental and energy-
related rules and guides. See Guide Concerning Fuel Economy 
Advertising for New Automobiles (16 CFR part 259), Energy Labeling 
Rule (16 CFR part 305), Fuel Rating Rule (16 CFR part 306), 
Alternative Fuels and Alternative Fueled Vehicles Rule (16 CFR part 
309), Recycled Oil Rule (16 CFR part 311), and Labeling and 
Advertising of Home Insulation Rule (16 CFR part 460).
    \5\ The Guides do not establish standards for environmental 
performance or prescribe testing protocols.
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    In the December 2022 publication initiating the current review, the 
Commission sought comment on several overarching issues, including the 
continuing need for the Guides, their economic impact, and their effect 
on preventing deceptive advertising claims. The publication also 
invited comment on the Guides' interaction with other environmental 
marketing regulations, and whether the Commission should consider 
rulemaking to establish independently enforceable requirements to 
address unfair and deceptive environmental claims. Finally, because the 
Commission seeks to ensure the Guides appropriately respond to changes 
in consumer perception, the Commission solicited consumer survey 
evidence and consumer perception data addressing environmental claims, 
including recyclable claims.

II. Recycling Workshop

    As part of the Commission's 2012 review of the Guides, staff held 
several workshops on issues of concern. As part of its current review, 
the FTC plans to hold a workshop examining ``recyclable'' claims. The 
workshop will cover such topics as: the current state of recycling 
practices and recycling-related advertising in the U.S.; consumer 
perception of current and emerging recycling-related claims; and the 
need for any updates or other changes to the Green Guides related to 
recycling claims. The event is likely to include panels on these 
topics. The FTC will publish a more detailed agenda in advance of the 
scheduled workshop.
    The December 2022 publication announcing the current review sought 
comment on several questions related to ``recyclable'' claims. 
Specifically, the Commission asked: Should the Commission revise the 
Guides to include updated guidance on ``recyclable'' claims? If so, 
why, and what guidance should be provided? If not, why not? What 
evidence supports your proposed revision(s)? What evidence is available 
concerning consumer understanding of the term ``recyclable''? What 
evidence constitutes a reasonable basis to support a ``recyclable'' 
claim? The December 2022 publication also explained that the Guides 
state marketers may make an unqualified ``recyclable'' claim when 
recycling facilities are available to a substantial majority of 
consumers or communities where the item is sold. ``Substantial 
majority'' is defined as 60%. Should the Guides be revised to update 
the 60% threshold? If so, why, and what guidance should be provided? If 
not, why not? What evidence supports your proposed revision? Is there 
any recent consumer perception research relevant to the 60% threshold? 
Should the Guides be revised to include guidance related to unqualified 
``recyclable'' claims for items collected by recycling programs for a 
substantial majority of consumers or communities but not ultimately 
recycled due to market demand, budgetary constraints, or other factors? 
If so, why, and what guidance should be provided? If not, why not? What 
evidence supports your proposed revision? These and other questions may 
be addressed at the workshop.

III. Public Participation Information

A. Workshop Attendance

    The workshop is free and open to the public and will be held in 
person and webcast live on the FTC's website. This event may be 
photographed, videotaped, webcast, or otherwise recorded. By 
participating in this event, you are agreeing that your image--and 
anything you say or submit--may be posted indefinitely at https://www.ftc.gov or on one of the Commission's publicly available social 
media sites.

B. Panelists

    The workshop will be organized into panels that will address the 
designated topics. FTC staff will select the panelists. Other attendees 
or interested stakeholders will have an opportunity to comment and ask 
questions. The Commission will place a transcript of the proceeding on 
the public record.
    Disclosing funding sources promotes transparency, ensures 
objectivity, and maintains the public's trust. Panelists will be 
required to disclose the source of any support they received in 
connection with participation at the workshop. This information will be 
included in the published panelist bios as part of the workshop record.

C. Electronic and Paper Comments

    The submission of comments is not required for participation in the 
workshop. If a person wishes to submit paper or electronic comments 
related to the issues discussed at the workshop, such comments should 
be filed as prescribed in Part IV of this document (directly below) and 
must be received on or before June 13, 2023.

IV. Filing Comments

    The Commission invites comments only on the specific issues 
discussed at the Workshop. You can file a comment online or on paper. 
The deadline to file a comment is June 13, 2023. Write ``Green Guides--
Recycling Workshop, 16 CFR part 260, Project No. P954501'' on your 
comment. Your comment--including your name and your state--will be 
placed on the public record of this proceeding, including the https://www.regulations.gov website.
    Postal mail addressed to the Commission is subject to delay due to 
heightened security screening. As a result, we strongly encourage you 
to submit your comments online. To make sure the Commission considers 
your online comment, you must file it through the https://www.regulations.gov website by following the instructions on the web-
based form provided.
    Because your comment will be placed on the public record, you are 
solely responsible for making sure that your comment does not include 
any sensitive or confidential information. In particular, your comment 
should not include any sensitive personal information, such as your or 
anyone else's Social Security number; date of birth; driver's license 
number or other state identification number, or foreign country 
equivalent; passport number; financial account number; or credit or 
debit card number. You are also solely responsible for making sure that 
your comment does not include any sensitive health information, such as 
medical records or other individually identifiable health information. 
In addition, your comment should not include any ``trade secret or any 
commercial or financial information which . . . is privileged or 
confidential''--as provided by section 6(f) of the FTC Act, 15 U.S.C. 
46(f), and FTC Rule 4.10(a)(2), 16 CFR 4.10(a)(2)--including in 
particular competitively sensitive information such as costs, sales 
statistics, inventories, formulas, patterns, devices, manufacturing 
processes, or customer names.

[[Page 14094]]

    Comments containing material for which confidential treatment is 
requested must be filed in paper form, must be clearly labeled 
``Confidential,'' and must comply with FTC Rule 4.9(c), 16 CFR 4.9(c). 
In particular, the written request for confidential treatment that 
accompanies the comment must include the factual and legal basis for 
the request, and it must identify the specific portions of the comments 
to be withheld from the public record.\6\ Your comment will be kept 
confidential only if the General Counsel grants your request in 
accordance with the law and the public interest. Once your comment has 
been posted on the https://www.regulations.gov website--as legally 
required by FTC Rule 4.9(b)--we cannot redact or remove your comment 
from the FTC website, unless you submit a confidentiality request that 
meets the requirements for such treatment under FTC Rule 4.9(c), and 
the General Counsel grants that request.
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    \6\ See 16 CFR 4.9(c).
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    If you file your comment on paper, write ``Green Guides--Recycling 
Workshop, 16 CFR part 260, Project No. P954501'' on your comment and on 
the envelope, and mail your comment to the following address: Federal 
Trade Commission, Office of the Secretary, 600 Pennsylvania Ave. NW, 
Suite CC-5610 (Annex F), Washington, DC 20580, or deliver your comment 
to the following address: Federal Trade Commission, Office of the 
Secretary, Constitution Center, 400 7th St. SW, 5th Floor, Suite 5610 
(Annex F). If possible, submit your paper comment or request to the 
Commission by courier or overnight service.
    Visit the Commission website at https://www.ftc.gov to read this 
document and the news release describing it. The FTC Act and other laws 
that the Commission administers permit the collection of public 
comments to consider and use in this proceeding as appropriate. The 
Commission will consider all timely and responsive public comments that 
it receives on or before June 13, 2023. For information on the 
Commission's privacy policy, including routine uses permitted by the 
Privacy Act, see https://www.ftc.gov/site-information/privacy-policy.

    By direction of the Commission.
April J. Tabor,
Secretary.
[FR Doc. 2023-04589 Filed 3-6-23; 8:45 am]
BILLING CODE 6750-01-P