Morrison & Foerster lawyers advise clients on risks and exposure related to "greening" operations and products, especially if socially responsible or environmental attributes are communicated on products and labels. We have experience recognizing, certifying, selling, trading, and using environmental attributes and credits (such as carbon offsets) that result from the manufacture and use of our clients’ products and services. We help clients construct and refine marketing claims and advertisements that reference green or environmental attributes of the company or its products, services, or operations while minimizing associated enforcement and litigation risks.
We are also experts on complying with green marketing and advertising laws and regulation, and defending and resolving administrative or litigation proceedings brought under the Lanham Act, the Federal Trade Commission (FTC) Act, or their state law equivalents, as well as federal and state government enforcement actions, litigation, whether by competitors or consumer classes, and administrative actions related to social responsibility, sustainability, and various green representations and claims, including claims of false or misleading marketing and advertising. Our lawyers actively participate in the FTC’s evaluation and potential updating of its so-called "Green Guides," which provide guidance on a broad array of environmental marketing and advertising practices, as well as on the emerging renewable energy credit (REC) sector.
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