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Academic
: Legal Theory BlogMinneti on Regulation of Environmental Marketing Claims
By Lawrence Solum
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Employing principles derived from rational choice theory and behavioral economics, this article advocates the promulgation of administrative rules to govern the environmental claims sellers make about their products. The article asserts that the FTC?s current regulatory scheme, a case-by-case approach that draws upon a set of industry guidelines (called the Green Guides), is essentially impotent when considered in light of the frequency with which products in today?s market bear false or misleading environmental claims. The article is especially timely, because the FTC is currently engaged in its own evaluation of the Green Guides? effectiveness. While traditional rational choice theorists may argue that market competition alone may drive products with false or misleading claims from the market, bounds on consumers? rationality and self interest keep them from being able to make optimal purchase decisions, and as a result, market competition itself is unable to weed out bogus environmental claims. The regulation of environmental claims, while arguably paternalistic, is desirable, because in addition to ultimately helping the environment, the benefits it would provide to boundedly rational consumers exceed the costs such regulation may impose on informed or rational consumers, even when discounting the boundedly rational consumers? benefit by any loss the group would sustain from the moral or cognitive hazard of not being able to learn for themselves which products bear false or misleading claims.
Full post as published by Legal Theory Blog on August 04, 2010 (boomark / email).
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Attorney Robert Arledge ordered to pay $5.8 million after making false Fen Phen settlement claims.
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Forest Laboratories Potentially Illegal Marketing
Forest Laboratories Potentially Illegal Marketing
Coke
Sued Over Marketing of "VitaminWater"
NOS Communications
settles class action lawsuit regarding deceptive marketing practices

Green marketing and the Trade Practices Act
Hylton on Nuisance and Environmental Regulation
ENVIRONMENTAL REGULATION OF NANOTECHNOLOGY. I had an article on this topic a while back in the Envi
Policing Unfair and Deceptive Environmental Product Claims in Advertising
Environment - "How Green Is the High Court Five cases put environmental laws to the test"
Trisolini on Local Governments and Climate Change Regulation









