16 CFR 260.2 - Interpretation and substantiation of environmental marketing claims.

§ 260.2 Interpretation and substantiation of environmental marketing claims.
Section 5 of the FTC Act prohibits deceptive acts and practices in or affecting commerce. A representation, omission, or practice is deceptive if it is likely to mislead consumers acting reasonably under the circumstances and is material to consumers' decisions. See FTC Policy Statement on Deception, 103 FTC 174 (1983). To determine if an advertisement is deceptive, marketers must identify all express and implied claims that the advertisement reasonably conveys. Marketers must ensure that all reasonable interpretations of their claims are truthful, not misleading, and supported by a reasonable basis before they make the claims. See FTC Policy Statement Regarding Advertising Substantiation, 104 FTC 839 (1984). In the context of environmental marketing claims, a reasonable basis often requires competent and reliable scientific evidence. Such evidence consists of tests, analyses, research, or studies that have been conducted and evaluated in an objective manner by qualified persons and are generally accepted in the profession to yield accurate and reliable results. Such evidence should be sufficient in quality and quantity based on standards generally accepted in the relevant scientific fields, when considered in light of the entire body of relevant and reliable scientific evidence, to substantiate that each of the marketing claims is true.

Title 16 published on 2014-01-01

no entries appear in the Federal Register after this date.

This is a list of United States Code sections, Statutes at Large, Public Laws, and Presidential Documents, which provide rulemaking authority for this CFR Part.

This list is taken from the Parallel Table of Authorities and Rules provided by GPO [Government Printing Office].

It is not guaranteed to be accurate or up-to-date, though we do refresh the database weekly. More limitations on accuracy are described at the GPO site.


United States Code
U.S. Code: Title 15 - COMMERCE AND TRADE

§ 41 - Federal Trade Commission established; membership; vacancies; seal

§ 42 - Employees; expenses

§ 43 - Office and place of meeting

§ 44 - Definitions

§ 45 - Unfair methods of competition unlawful; prevention by Commission

§ 45a - Labels on products

§ 46 - Additional powers of Commission

§ 46a - Concurrent resolution essential to authorize investigations

§ 47 - Reference of suits under antitrust statutes to Commission

§ 48 - Information and assistance from departments

§ 49 - Documentary evidence; depositions; witnesses

§ 50 - Offenses and penalties

§ 51 - Effect on other statutory provisions

§ 52 - Dissemination of false advertisements

§ 53 - False advertisements; injunctions and restraining orders

§ 54 - False advertisements; penalties

§ 55 - Additional definitions

§ 56 - Commencement, defense, intervention and supervision of litigation and appeal by Commission or Attorney General

§ 57 - Separability clause

§ 57a - Unfair or deceptive acts or practices rulemaking proceedings

15 U.S. Code § 57a–1 - Omitted

§ 57b - Civil actions for violations of rules and cease and desist orders respecting unfair or deceptive acts or practices

15 U.S. Code § 57b–1 - Civil investigative demands

15 U.S. Code § 57b–2 - Confidentiality

15 U.S. Code § 57b–2a - Confidentiality and delayed notice of compulsory process for certain third parties

15 U.S. Code § 57b–2b - Protection for voluntary provision of information

15 U.S. Code § 57b–3 - Rulemaking process

15 U.S. Code § 57b–4 - Good faith reliance on actions of Board of Governors

15 U.S. Code § 57b–5 - Agricultural cooperatives

§ 57c - Authorization of appropriations

15 U.S. Code § 57c–1 - Staff exchanges

15 U.S. Code § 57c–2 - Reimbursement of expenses

§ 58 - Short title