FTC Settlement, Company claims not TRUE!

Are your green claims clean? Knock on wood. Consumers have another choice these days: plastic lumber, which is often used in decking, fences, outdoor furniture, etc. Wisconsin-based N.E.W. Plastics Corporation (you may know them as Renew Plastics) manufactures two lines of plastic lumber - Evolve and Trimax - and touts their environmental benefits. But according to a settlement announced by the FTC, the company’s green claims didn’t stack up. N.E.W. markets Evolve and Trimax through independent distributors and retailers across the country. One focus of the company’s marketing campaign for Evolve was to position the product as an environmentally conscious choice: "When you build with EVOLVE recycled plastic lumber, you demonstrate your commitment to the environment and sustainable living. EVOLVE recycled plastic lumber products are 100% plastic and generally contain over 90% high density polyethylene (ReHDPE) material."

This statement turns out not to be truthful. Despite express representations that the products were recyclable, local recycling centers wouldn’t accept Evolve and Trimax. Why not? Because they contain other components that aren’t recyclable. In addition, most facilities accept only small household items, not larger, heavy building materials like plastic lumber. What about sending it back to N.E.W.’s factory for recycling? Good luck with that. The shipping cost made that an unrealistic option. The FTC’s complaint alleges that N.E.W.’s “90% recycled plastic” claim for Evolve was false and unsubstantiated, as was the representation that Trimax was made of all or virtually all post-consumer recycled content like milk jugs or detergent bottles. The settlement offers insights for advertisers making environmental representations. First, the FTC’s Green Guides remain your best resource for how to avoid an eco-oops in your advertising. A product may have a theoretical environmental effect in a lab setting, but your ad claims should reflect actual consumer use. File your online comments about the proposed settlement by March 24, 2014, and bookmark the FTC's Environmental Marketing page for guidance on keeping your green claims. This video is a good place to start: Click here for the full story.