The FTC issued revised guidance on “green claims” in October 2012.
Of interest is its guidance on claims that a product is free of some toxin. In its fact sheet, the FTC states:
“Marketers can make a free-of claim for a product that contains some amount of a substance if:
1. the product doesn’t have more than trace amounts or background levels of the substance;
2. the amount of substance present doesn’t cause harm that consumers typically associate with the substance; and
3. the substance wasn’t added to the product intentionally
It would be deceptive to claim that a product is “free-of” a substance if it is free of one substance but includes another that poses a similar environmental risk.
If a product doesn’t contain a substance, it may be deceptive to claim the product is “free‑of” that substance if it never has been associated with that product category.”