FTC Extends Green Guides Comments Deadline

In response to numerous industry requests, the FTC has extended the deadline for submitting comments to the Green Guides by 60 days, from Feb. 21, 2023, to April 24, 2023.

If the FTC decides to convert the Guides into a rule, which is possible, it will need to publish the proposed text of the rule for public comment, which likely would happen sometime during the late Summer or Fall of 2023. Even if it doesn't, it likely will solicit more comments regarding proposed changes to the Guides. Assuming there is another 60-day comment period followed by 60-90 days for the Staff to analyze and respond to material comments, it seems unlikely that any revised rule or guide would go into effect before 2024. As a reminder, the FTC's "informal" rulemaking process is more involved than typical APA rulemaking and could even require public hearings.

Given the growing scrutiny and litigation around green advertising claims, whatever the FTC ultimately does may be highly influential. They may also impact activities of other state and federal agencies, most notably the SEC.  

The Commission may wish to get a revision in place in 2024, given the election year dynamics and potential for administration change, which could rapidly change the direction of the Commission.