Not every construction project starts with a flannel-shirted, axe-wielding guy shouting “Tim Burr!” Today, consumers have another option: plastic lumber, often used for decking, fences, outdoor furniture and more. Wisconsin-based NEW Plastics Corporation (you might know it as Renew Plastics) makes two lines of plastic lumber – Evolve and Trimax – and touts their environmental benefits. But under a settlement announced by the FTC, the company’s green claims don’t hold up.
New Markets Evolve and Trimax are sold through independent dealers and retailers across the country. One of the focal points of the company’s Evolve marketing campaign is positioning the product as an environmentally friendly choice:
“When you build with EVOLVE recycled plastic lumber, you demonstrate your commitment to the environment and sustainable living. EVOLVE recycled plastic lumber products are 100% plastic and typically contain over 90% high-density polyethylene (ReHDPE) material. “
The company’s website also touts that Evolve is “at least 90% ReHDPE, utilizing both post-consumer and post-industrial materials” and is “100% recyclable.” Advertisements for Trimax describe it as “derived from post-consumer bottle waste such as milk and detergent bottles” and “recyclable”.
But according to the FTC, at some times, Evolve contained up to 58% recycled plastic, while Trimax’s post-consumer recycled plastic content averaged less than 12% — a far cry from what was advertised. Furthermore, people would be in for a surprise if they hauled the Evolve and Trimax to a nearby recycling center. Evolve and Trimax are not accepted at local recycling centers, although it is explicitly stated that these products are recyclable. why not? Because they contain other non-recyclable ingredients. Additionally, most facilities only accept small household items and not larger, heavy-duty building materials such as plastic lumber. How about sending it back to NEW factory for recycling? Good luck. Shipping costs make this option impractical.
The FTC’s complaint alleges that NEW’s “90% recycled plastic” claim for Evolve is false and unsubstantiated, as is its assertion that Trimax is made from all or nearly all post-consumer recycled materials, such as milk jugs or detergent bottles. . The proposed order prohibits these deceptive claims but provides broader protections for future consumers by prohibiting misrepresentations about the environmental benefits of any other product or packaging. As a result of the proposed order, NEW is writing to distributors and retailers asking them to withdraw all promotional materials containing deceptive recycling content or recyclability claims.
The settlement provides insights for advertisers making environmental campaigns. first, the Federal Trade Commission’s Green Guide remains your best resource on how to avoid ecological concerns in your advertising. If you haven’t read them since the 2012 revision, it’s time to review them. second, consumers and the FTC live in the real world. This is a theme throughout the guide. Products may theoretically have environmental impacts in laboratory settings, but your advertising claims should reflect actual consumer use. So if a product may be recyclable in some technical sense, but there is no place where people can easily recycle it, frame your claims accordingly. As the Green Guide makes clear, companies should qualify their recyclability claims if “recycling facilities are accessible to the vast majority of consumers or communities where the product is sold.” thirdNote to manufacturers: You are responsible for the accuracy of the statements you pass on to your dealers and retailers.
Submit your online comments on the proposed settlement by March 24, 2014, and bookmark the FTC’s Environmental Marketing page for guidance on retaining your green claims. This video is a good starting point:
