Greenwashing & Self-Declared Seafood Eco-Labels

The credibility and veracity of an environmental claim depends on a high degree of transparency, clarity and trust. Businesses that utilize eco-labels to market the environmental performance of their seafood products often turn to third party certifications to minimize the potential for greenwashing and provide a level of verification and independence. Others rely on a riskier approach by developing their own “self-declared” or “first-party” eco-labels. Seafood retailers and suppliers considering the creation and use of an eco-label, certification, or seal to be used in the marketing of seafood products should ensure compliance with applicable FDA and USDA labeling rules. Furthermore, entities pursuing “self-declared” or “first-party” seafood eco-labels should consult the FTC’s Green Guides, closely follow developments in greenwashing litigation under federal and state consumer protection and unfair competition laws, and heed the early advice of legal experts in the field