The good folks at the Huffington Post last week reported that California Attorney General (AG), Kamala Harris, filed a lawsuit on October 26, 2011 against ENSO Plastics, Balance Water and Aquamantra for making the alleged greenwashing claims that their bottles are “100 percent biodegradable and recyclable.  “Such claims violate California law, specifically California AB 1972, which prohibits the sale of plastic bags, and plastic food and beverage containers that are labeled as “biodegradable,”…

The Federal Trade Commission (“FTC”) was created in 1914 to regulate unfair trade practices. It issued its first set of Guides for the Use of Environmental Marketing Claims (commonly known as the Green Guides) under in 1992, which it then updated in 1996 and 1998. The Green Guides are meant to provide guidance to marketers so they can avoid…