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| WYPR Green Column |
In November of 2009, I attended the Greenbuild Conference in Phoenix. Sponsored by the U.S. Green Building Council, the gathering featured hundreds of vendors displaying every imaginable product and service related to the green building industry as well as four days of presentations by experts on a wide variety of green-related topics. It was entertaining as well as educational.
In reflecting back on the experience, one interesting item caught my attention. In every one of the ten or so presentations that I attended, I heard someone use the word "greenwash." Not once did I hear that word a year earlier at the 2008 Greenbuild Conference in Boston.
So what is greenwashing?
The word green has a well-established secondary meaning other than a defined segment of the visible light spectrum. When you say "green" these days, people believe that you are talking about something related to energy efficiency or resource conservation. Clever and unscrupulous marketers know this too. We are seeing more use of "green" and related words like "eco friendly," "natural" and "organic" intended to add an often underserved verdant tint to products and services.
Those of us allured by these claims fall victim on two counts: When we use phony green products, we reward dishonesty, and we frustrate our own well-intentioned efforts to do better. Unfortunately, it often takes vigilance that borders on chronic cynicism to protect against being greenwashed.
TerraChoice, an environmental marketing firm, has identified the seven deadly sins of greenwashing. These are:
1. Hidden Trade Off: touting one green attribute of a product while turning a blind eye to the dark side (e.g., paper comes from a renewable resource, which seems good, but many aspects of the wood harvesting and paper milling industry are environmentally appalling).
2. No Proof: making unsubstantiated claims of greenness, such as the degree of recycled content.
3. Vagueness: use of words like "natural" or "non-toxic" that are so generally bland as to be meaningless but nonetheless used with the intent of suggesting environmental friendliness.
4. Irrelevance: drawing attention to an environmentally friendly feature that is worthless, such as a claim that paint contains no lead. That’s nice, but lead paint has been banned for decades.
5. Fibbing: falsely claiming third-party certifications, such as Forest Stewardship Council or Green Seal.
6. Lesser of Two Evils: claiming environmental friendliness about a product category that probably should not even be considered in the same breath with green, such as organic cigarettes or lawn treatment chemicals which are unnecessary or could be obviated with alternative landscaping.
7. Worshipping False Labels: using words or logo that suggests endorsement by a third party when no such third party actually exists. (e.g. "certified as green friendly by the [non-existent] American Green Products Certification Council."
The Federal Trade Commission has issued guidelines as to what constitutes deceptive advertising when it comes to environmental claims. Among the examples cited are "50% more recycled content than before" (where the recycled content has increased from 2% to 3% this is technically true, but substantively meaningless), use of words such as "Eco-Safe" and "Eco-Friendly" without any explanation or context, or a product generates "10% less waste" (by that standard, Exxon Valdez makes any tanker spill a wholesome experience).
It is, in my view, a legitimate governmental function to regulate false advertising claims. But there are limits to how much governmental resources can or should be spent to prevent consumers from being duped by the ersatz greenies.
So anyone who decides to buy green also needs to buy smart. Be skeptical of green claims. Often a little common sense is all that is needed. And try to be consistent in those efforts. Driving 30 miles in a Hummer to buy a box of no-phosphate detergent does as much for the environment as eating a Big Mac and fries washed down with a diet Coke does for your calorie intake.
John P. (Jack) Machen is a real estate attorney in the Baltimore office of DLA Piper LLP (US), a global law firm with over 3,500 lawyers in 28 countries. In addition to his law practice, Mr. Machen is certified by the U.S. Green Building Council as a LEED Accredited Professional and provides advice to his firm and to clients on green building, green building codes, sustainability and resource conservation. |
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