Submission Number: 00082
Received: 11/19/2010 1:18:31 PM
Commenter: Greg Hopkins
Agency: Federal Trade Commission
Initiative: Guides for the Use of Environmental Marketing Claims; Project No. P954501
Attachments: No Attachments
Note: I work for a state agency but I am not representing this agency or speaking on their behalf.
The word "should" is used throught the guidelines to indicate what marketers are to do and are not to do. This is much softer than "must" or "shall." Generally, this isn't enforceable. "Should" is like saying "strongly encourage" or "we would like you to." I recommend evaluating this language, determine what items are truly mandatory and a "must", and changing the language to reflect this. Also, what happens if there is a flagrant violation? What happens if there are subltle violations that create misperception?