This series, “It isn't easy being green,” will provide a brief overview of the major legal issues associated with “green” marketing claims and offer a practical framework for analyzing and reducing risk.

The color of the new millennium is definitely green. Over the past 10 years there has been a veritable explosion of the “green machine,” spawning a whole lexicon of green language, green expectations and green statements. Indeed, the green movement has hit mainstream USA in a tangible way—at the current pace it is projected that “green marketing” will account for more than $3.5 trillion in spending by 2017. Major retailers, including Wal-Mart Stores Inc., have reported a strong uptick in consumer demand for “green” and “organic” products even in a flagging economy, while the number of green products has skyrocketed virtually overnight, with growth of as much as 500 percent since 2009.

The question is, at what risk? When do green promises or representations cross the boundary from being aspirational statements to enforceable promises? And when does a clever marketing turn of phrase create litigation or regulatory risk? Opting out of the green revolution is not an option for most companies. Opting in responsibly is a business mandate.