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“Non-Toxic” Advertising Claims Can Lead to Toxic Litigation
30 September 2021
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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.
Environmental, Social and Governance (ESG)
Megan K. Bannigan
David H. Bernstein
Paul D. Rubin
Jared I. Kagan
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