For the past year, the Federal Trade Commission has been engaged in a review of its “Guides for the Use of Environmental Marketing Claims,” better known as the “Green Guides.” The Green Guides address the use of environmental claims such as “recycled” —“biodegradable”—and “environmentally friendly.” First published in 1992, the Guides were last updated in 1998. 
 
Strictly speaking, the Green Guides are not rules. Instead, they are guidance based on FTC decisions and enforcement actions under Section 5 of the FTC Act, which prohibits “unfair or deceptive trade practices.” If followed, they provide a safe haven. But ...