Are Retailers Deceiving Consumers With "Biodegradable" Claims?
As part of an effort to ensure that environmental marketing is truthful and based on solid evidence, the Federal Trade Commission (“FTC”) has advised marketers since 1992 that in order to make claims that an item is “biodegradable” they must have scientific evidence that the product will completely decompose within a reasonably short period of time under customary methods of disposal. And, as the FTC has asserted in three recently filed actions, products typically are disposed in landfills, incinerators or recycling facilities, where it is impossible for allegedly “biodegradable” products to biodegrade within a reasonably short time.
For example, the FTC recently entered into a settlement with a retailer of rayon towels – Dyna-E International – regarding claims that its Lightload brand dry towels are biodegradable. The FTC charged that the rayon towels could not be biodegradable as they could not biodegrade in a reasonably short time under typical disposal methods. Similarly, the FTC entered into settlements with Kmart Corp. and Tender Corp. regarding products sold with biodegradable claims. All three settlements prohibit the defendants from making deceptive biodegradable product claims and require that they support all other environmental claims with competent and reliable evidence.
If you purchased a product that claims to be “biodegradable,” please contact us to discuss your legal options.