On April 13, 2023, the U.S. Supreme Court in Axon Enterprise, Inc. v. Federal Trade Commission et al. unanimously held that federal district courts can hear constitutional challenges to an agency’s administrative enforcement powers without waiting for the outcome of administrative appeals to that action.
Consumers and governments have applied greater scrutiny to environmental marketing claims. Enforcement for environmental marketing claims has typically come from the U.S. Federal Trade Commission (FTC), under its Guides for the Use of Environmental Marketing Claims at 40 C.F.R. Part 260, also called the “Green Guides.” But last week the National Advertising Division (NAD) of BBB National Programs issued a decision on environmental marketing, reminding manufacturers of actors outside the federal government that can affect environmental claims for products. (more…)