“Non-Toxic” Advertising Claims Can Lead to Toxic Litigation
View Debevoise In Depth
- The COVID-19 pandemic has intensified consumers’ already heightened demand for products that promise to keep their environments clean and safe from toxic chemicals; however, advertisers can face challenges substantiating a claim that their product is “non- toxic” due to different standards that courts and industry regulators apply.
- Although the meaning of “non-toxic” remains in flux, advertisers should continue to monitor new developments from the FTC Green Guides, NAD and NARB decisions, decisions in class action lawsuits, and FTC consent orders.
- Best practices for making “non-toxic” claims include developing substantiation, qualifying the scope of the claims, considering alternatives to “non-toxic” claims, and consulting with outside counsel to develop solutions.