Corey Day and Bao Vu Outline Legal Considerations for Distilleries Advertising or Branding Themselves as Following ‘Green’ Practices

Litigator and alcoholic beverage law attorney Corey Day and litigation attorney Bao Vu contributed an article to Artisan Spirit Magazine titled “It’s Not Easy Being Green: Legal Considerations for Marketing Your Sustainability Efforts,” published Fall 2021. The authors offer some tips for distilleries to advertise their sustainable practices or incorporate them into their branding without being subject to a consumer lawsuit or federal or state enforcement action.

At the federal level, the FTC has released “Green Guides” that provide specific considerations as to what is permissible to include in marketing statements covering a variety of activities. The agency actively brings claims against businesses whose marketing practice don’t meet the guides’ requirements. Many states also have their own laws, which can be more protective or cover advertising claims different than those covered under federal law.

The authors conclude: “In short, there are significant risks to thoughtless green marketing, But, going green is not only good on its own; customers also increasingly want to know if your business is environmentally sound. So, if you’re going to make eco-friendly claims, take the time to do your research and get it right.”