The National Advertising Division of the Council of Better Business Bureaus (NAD) recently entered a decision against GreenPan, Inc., asking the company to discontinue many of the environmental benefit claims it was making about its products. The challenge was brought against GreenPan by its competitor, E.I. DuPont de Nemours and Company (DuPont), makers of Teflon® brand products. The challenged claims included claims that GreenPan’s cookware was “healthy, eco-friendly,” that it contained “no potentially dangerous chemicals,” and that the cookware was PTFE and PFOA free.

Of particular concern to DuPont was GreenPan’s claim that its products do not contain PTFE (polytetrafluoroethylene) and PFOA (perfluorooctanoic acid), two chemical substances frequently used in traditional non-stick cookware. DuPont’s concern with the claims was that they could be read to imply that other cookware includes these chemicals. DuPont noted that it previously committed itself to stop using PFOA, a processing aid linked to cancer, when manufacturing its cookware, but that it continues to use PTFE. Based on the context of GreenPan’s claims, DuPont argued that the advertising implied that all PTFE non-stick coatings are made with PFOA and are, therefore, unsafe for the environment and consumer health. By making such an implication, these claims, posited GreenPan’s cookware as safer to use than DuPont’s, which DuPont argued was untrue. DuPont also raised concerns with the general environmental benefit claims made in GreenPan’s advertisements. Thus, the NAD was asked to make a recommendation regarding the express environmental claims and the implied superiority claims that GreenPan made in its advertisements.

In the end, the NAD agreed with DuPont and recommended that GreenPan discontinue its claims that its cookware is PTFE and PFOA free to avoid misleading consumers to believe that all PTFE coating cookware contains PFOA and that PTFE-free cookware is somehow healthier than other cookware. The NAD noted that the terms could be used as long as the context did not mislead consumers into believing that GreenPan cookware is superior to all PTFE coated cookware. Additionally, the NAD decided that GreenPan did not provide enough evidence to substantiate its unqualified, general environmental benefit claim that its products were “eco-friendly” and asked that the company stop making such claim as well. The NAD’s concern with the “eco-friendly” claim echoes the concerns that the Federal Trade Commission (FTC) has with general environmental benefit claims, which is that such claims imply far-reaching environmental benefits and no negative environmental impact. As such a broad claim is difficult to substantiate, the NAD concluded that GreenPan should discontinue its use of the claim.

All companies should be aware of the NAD’s recent decision regarding environmental claims. It mirrors the FTC view that unqualified general environmental benefit claims should not be used. The FTC sets forth its position regarding environmental claims in its Green Guides. For more information on the Green Guides, please see our alert here.

We are continuing to monitor issues related to “green” advertising. Please contact Anthony Lupo, Sarah Bruno, or Eva Pulliam with questions.