FTC Guides for the Use of Environmental Marketing Claims (Green Guides), 16 CFR Part 260

Importers must rebut the presumption by clear and convincing evidence that goods were not made wholly or in part with forced labour, including full supply chain tracing, due diligence, and responses to CBP requests for information. CBP detains, excludes, or seizes non-compliant shipments and publishes operational guidance and the FLETF strategy.

Enforcement

Mandatory

Effective date

23 December 2021 (enacted); 21 June 2022 (rebuttable presumption); UFLPA Entity List updated periodically (most recent listed update in DHS records: 15 January 2025; 144 entities)

Covered entities

Any importer of record bringing goods into the United States. Goods mined, produced, or manufactured wholly or in part in the Xinjiang Uyghur Autonomous Region, or by entities on the UFLPA Entity List, are presumed to be made with forced labour and barred under 19 U.S.C. § 1307.

Issuers must conduct a reasonable country of origin inquiry, file an annual Form SD, and where minerals may originate in the Democratic Republic of the Congo or an adjoining country and are not from recycled or scrap sources, conduct supply chain due diligence under the OECD Guidance and file a Conflict Minerals Report. Since 2017 SEC staff has not recommended enforcement of the independent private sector audit or DRC-conflict status conclusions.

Enforcement

Mandatory

Effective date

First reports required for calendar year 2013 (Form SD filed by 31 May 2014); annual filings continue. 2017 staff guidance partially limits enforcement.

Covered entities

SEC-registered issuers (domestic and foreign private issuers) for which conflict minerals (tantalum, tin, tungsten, gold) are necessary to the functionality or production of a product they manufacture or contract to manufacture.

The Directive amends the Unfair Commercial Practices Directive and the Consumer Rights Directive to ban generic environmental claims (such as eco-friendly or climate neutral) that are not backed by recognised excellent environmental performance, and to prohibit offset-based neutrality claims and unverified future commitments. Sustainability labels must be based on certification schemes or set by public authorities.

Enforcement

Mandatory

Effective date

Transposition deadline 27 March 2026; application from 27 September 2026

Covered entities

Traders selling goods or services to consumers in the EU internal market

The proposed Directive would require companies to substantiate voluntary environmental claims with scientific evidence and have them verified by an accredited third party before use. The file has been suspended since June 2025 following the Commission's stated intention to withdraw the proposal, though it remains formally on the legislative agenda.

Enforcement

Mandatory (if adopted)

Effective date

Not yet adopted; no application date

Covered entities

Traders making voluntary explicit environmental claims about products or services in the EU; micro-enterprise scope is contested

The rule requires that any reference an authorised firm makes to the sustainability characteristics of its products or services is consistent with those characteristics and is fair, clear and not misleading. FG24/3 sets out the FCA's expectations on substantiation, evidence and ongoing review.

Enforcement

Mandatory

Effective date

31 May 2024

Covered entities

All FCA-authorised firms making references to the sustainability characteristics of a product or service to UK clients (retail or professional)

The Green Claims Code sets six principles for environmental claims: claims must be truthful and accurate, clear and unambiguous, must not omit material information, comparisons must be fair, the full life cycle must be considered, and claims must be substantiated. Breaches are pursued under consumer protection law; the CMA can now impose civil fines of up to 10 percent of global turnover.

Enforcement

Guidance (interpreting binding consumer protection law)

Effective date

20 September 2021

Covered entities

Any business selling or promoting goods or services to UK consumers, including non-UK businesses marketing into the UK