FTC Green Guides Comments

The FTC has opened for public comments on the topic of environmental marketing for their review of the Green Guides. JVC's form below requests feedback from the jewelry and watch industries for inclusion in a submission to the FTC. In addition, any individual or company may comment separately to emphasize a particular viewpoint. JVC will be particularly focused on recycled claims and advocating for a clear definition of sustainability.

Please submit your comments by Friday, March 10, 2023.

You can view the Commission’s full request here.

The Federal Trade Commission’s “Guides for the Use of Environmental Marketing Claims” (the “Green Guides”) were first issued in 1992 and were last updated in October of 2012. The Green Guides cover a wide range of industries and are intended to help marketers and advertisers avoid making environmental claims that could mislead consumers.

For the jewelry industry, the FTC’S 2023 review of the Green Guides is particularly important, as consumers continue to show an increasing desire to purchase products they view as “good for the environment.” In light of this sentiment, members of the industry struggle with how to appropriately market items such as diamonds (whether natural or laboratory-grown), gemstones and precious metals without causing consumer confusion. Unfortunately, the current version of the Guides lacks clarity in several key areas.

For example, in the current version of the Green Guides, the FTC intentionally chose not to address the following terms:
• “Organic”
• “Sustainable”
• “Natural”

Other terms important to the jewelry industry are also undefined, such as:
• “Greenwashing”
• “Scrap”

Finally, the definitions of some terms are confusing and not always appropriate for the needs of jewelry industry members. For example, per the current Guides:
• “Recycled” claims should only be made, “. . . for materials that were recovered or otherwise diverted from the waste stream, either during the manufacturing process (pre-consumer) or after consumer use (post-consumer).”
See a full summary of the current Green Guides here.

Members of the industry need the FTC’s clarification on all of these issues, and guidance on how these terms and others may be used when marketing jewelry and watch products.

It is vital that the specific needs and concerns of the jewelry industry are heard and addressed, during this review process. At JVC, we urge you to send us your comments, questions, and concerns through our portal, at JVC Green Guides Comments or please feel free to reach out to us at GreenGuides@jvclegal.org to speak directly with one of our attorneys.