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FTC Green Guides Have Marketing Impact
The Federal Trade Commission (“FTC”) released the final revised Guides for the Use of Environmental Marketing Claims (16 C.F.R. Part 260), commonly referred to as the “Green Guides” in October 2012, adding another layer of clarity to how marketers can justify “green” marketing claims. Originally issued in 1992 and updated several times since that time, the latest Green Guides present a road map for franchisors and franchisees to make environmental claims that might be highly appealing to customers, while not running afoul of regulations about deceptive or unfair advertising found in Section 5 of the FTC Act (15 U.S.C. ' 45). “While the Green Guides are non-binding, the FTC can take action under the FTC Act if a marketer makes an environmental claim inconsistent with the Guides,” wrote Martha L. Perkins, partner, Whiteford Taylor & Preston LLP, in a blog post analysis of the Green Guides.
The Green Guides cover claims that could be made in labeling, advertising, promotional materials, and any other forms of marketing in any medium, through words, symbols, logos, depictions, and product brand names. The guidelines apply to business-to-business transactions, as well as business-to-consumer transactions. For franchises, the business-to-business aspect is an important development because it potentially will give them greater confidence that the “green” materials they purchase from third-party vendors are environmentally beneficial.
The DOJ's Corporate Enforcement Policy: One Year Later
The DOJ's Criminal Division issued three declinations since the issuance of the revised CEP a year ago. Review of these cases gives insight into DOJ's implementation of the new policy in practice.
The DOJ's New Parameters for Evaluating Corporate Compliance Programs
The parameters set forth in the DOJ's memorandum have implications not only for the government's evaluation of compliance programs in the context of criminal charging decisions, but also for how defense counsel structure their conference-room advocacy seeking declinations or lesser sanctions in both criminal and civil investigations.
Use of Deferred Prosecution Agreements In White Collar Investigations
This article discusses the practical and policy reasons for the use of DPAs and NPAs in white-collar criminal investigations, and considers the NDAA's new reporting provision and its relationship with other efforts to enhance transparency in DOJ decision-making.
Bankruptcy Sales: Finding a Diamond In the Rough
There is no efficient market for the sale of bankruptcy assets. Inefficient markets yield a transactional drag, potentially dampening the ability of debtors and trustees to maximize value for creditors. This article identifies ways in which investors may more easily discover bankruptcy asset sales.
Compliance Officers: Recent Regulatory Guidance and Enforcement Actions and Mitigating the Risk of Personal Liability
This article explores legal developments over the past year that may impact compliance officer personal liability.