To Federal Trade Commission Chairman, Deborah Platt Majoras

Dear Chairman Platt Majoras:

            As you may be aware, environmentally-conscious consumers and businesses purchasing “offsets” to their carbon-emitting activities have helped support a boom in marketing a wide array of carbon offset products.  This business is still largely unregulated.  As the opportunity to profit in this sector attracts more players, the potential for marketing claims misleadingly portray the offset products in question also grows.

            As the agency charged with preventing misleading or deceptive trade practices, the Federal Trade Commission has already developed a set of guidelines that businesses using claims of environmental benefits to market their products can follow to stay clear of allegations of consumer fraud.  However, the examples provided in these guidelines are not directly applicable to the carbon offsets market.

            Accordingly, I urge you to undertake a public process designed to update the Commission’s Guides for the Use of Environmental Marketing Claims (15 C.F.R. Part 260) so that consumer confidence in the offset market can be assured.  Some in the industry are working on standards that will be relevant to such an update, and I urge you to take those into account as you analyze this area.  This market is developing rapidly, and promises to provide important benefits to this country and to consumers.  But it is certainly not immune to the potential for unfair or deceptive trade practices.  

I would appreciate hearing from you at your earliest convenience about this request.  Please contact me directly or Mr. Joel Beauvais of the Select Committee staff. Thank you for taking steps to keep this market vibrant and fair.

                                                                        Sincerely,

Chairman Edward Markey

Select Committee on Energy Independence and Global Warming

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