Submission Number: 00266
Received: 12/10/2010 3:45:26 PM
Commenter: Jennifer McCracken
Organization: HAVI Global Solutions
Agency: Federal Trade Commission
Initiative: Guides for the Use of Environmental Marketing Claims; Project No. P954501
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Claims and substantiation and compliance with local labeling requirements.
Section 260.5 "Interpretation and substantiation of environmental marketing claims" requires that claims can only be used in the case that the party making the claim has “a reasonable basis substantiating the claim. A reasonable basis consists of competent and reliable evidence.” Given local authorities are requiring that environmental claims be made, we would request that the FTC guidance allow for substantiation "and/or compliance with government mandate.”
Example: HI KAUA'I COUNTY ORDINANCE NO. 885 (of 2009)
"Recyclable Paper Bag" means a bag that meets all the following requirements: (1) contains no old growth fiber; (2) is one hundred percent (100%) recyclable overall and contains a minimum of forty percent (40%) post-consumer recycled content; and (3) displays the words "Reusable" and "Recyclable" in a highly visible manner on the outside of the bag.
§ 260.6 General principles, (c) Overstatement of environmental attribute: Reuse. It would be useful to have additional guidance as to the characteristics that constitute “reusable” packaging.
Is it acceptable for marketers to claim reuse for packaging which rely on the consumer to find ways to reuse said “reusable” packaging at home (e.g., hardware storage), but do not accept said “reusable” packaging for the purpose for which it was designed (e.g., food service packaging)? Also, local governments are defining what characteristics constitute reusable. (There is also divergence between local government definitions / characteristics of reusable.)
Example: HI, KAUA'I COUNTY, ORDINANCE NO. 885 (of 2009)
"Reusable Bag" means a bag with handles that is specifically designed and manufactured for multiple reuse and is made of cloth or other machine washable fabric and/or is made of a durable material at least 2.25 millimeters thick and suitable for reuse.
Example: Brownsville, TX, Ordinance Number 2010-911-E & F
Reusable bags are made of cloth, plastic (min. 4.0 mils), paper (min. 65# basis weight) and have handles.
3) Recyclable. Yes, tiered guidance system is helpful.