Selling Green: Environmental Claims, Carbon Credits, and the Marks That Promise a Cleaner Product
By Casey Scott McKay ·
Environmental claims are the most heavily contested advertising category in the market, and the reason is structural: the claims are about attributes the buyer cannot verify, made by the only party who holds the evidence. This article works through the guidance that governs them, the qualification rules that turn an indefensible general claim into a defensible specific one, and the three separate enforcement channels — regulatory, competitor, and class action — that each apply different standards to the same words. It then covers certification and collective marks, which are the instrument by which an independent body lends its credibility to a claim, and the control obligations that make those marks fragile. The second half addresses carbon credits and the contractual instruments behind them, chain-of-custody accounting for sustainable inputs, and the patent and disclosure questions that arise once a cleantech business has something worth protecting.
IP and Technology > General IP | Article | Published 21 October 2024 - Updated 18 January 2025 | Casey Scott McKay - marksy.us
Summary. Environmental claims are the most heavily contested advertising category in the market, and the reason is structural: the claims are about attributes the buyer cannot verify, made by the only party who holds the evidence. This article works through the guidance that governs them, the qualification rules that turn an indefensible general claim into a defensible specific one, and the three separate enforcement channels — regulatory, competitor, and class action — that each apply different standards to the same words. It then covers certification and collective marks, which are the instrument by which an independent body lends its credibility to a claim, and the control obligations that make those marks fragile. The second half addresses carbon credits and the contractual instruments behind them, chain-of-custody accounting for sustainable inputs, and the patent and disclosure questions that arise once a cleantech business has something worth protecting.
Keywords: environmental marketing claims · Green Guides · greenwashing · general environmental benefit · recyclable claims · compostable and degradable · carbon neutral claims · carbon credits and offsets · certification marks · collective marks · eco labels · life cycle assessment · substantiation · competitor false advertising · self-regulatory challenges · chain of custody · mass balance · book and claim · green patents · ESG disclosure exposure
This is premium Marksy content — the full document is available to subscribers.