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To quote Kermit the Frog, “it’s not easy being green”—this goes for all businesses who strive to tap into the hearts, minds and wallets of the green-conscious consumer. As consumers are becoming more sensitive to the environment, companies are trending toward branding their goods and services with eco-friendly claims such as “carbon-neutral,” “natural” and the like. Sadly, not all claims are made the same, sometimes, such claims are just instances of “greenwashing”—the deceptive use of green marketing that can mislead customers. Thus, regulators, stakeholders and consumers are increasingly scrutinizing eco-claims and demanding transparency—consumers want to know what they are paying for. While intentions may be good in sending out the message that your company’s products or services are eco-friendly in some respect or another, the bugaboo for counsel is whether your claims are actually eco-compliant. This article will provide a brief overview of industry and regulatory standards around eco-claims and green-branding, case studies and guidelines for best practices.

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