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Development
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Pilot
Project
Approach
About
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Suite
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Documents
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Links
Pilot
Project
Approach
on
Use
of
Non­
Governmental
Entities
to
Implement
Section
503
of
Executive
Order
12873
on
Federal
Acquisition,
Recycling
and
Waste
Prevention
as
issued
by
the
Office
of
Federal
Environmental
Executive
and
EPA
on
April
24,
1998
Section
503(
a)
of
Executive
Order
12873
directs
EPA
to
"
issue
guidance
that
recommends
principles
that
Executive
agencies
should
use
in
making
determinations
for
the
preference
and
purchase
of
environmentally
preferable
products."
Section
503
(
b)
states
that
Executive
agencies
shall
use
EPA's
guidance
to
"
identify
and
purchase
environmentally
preferable
products"
and
to
"
modify
their
procurement
programs
by
reviewing
and
revising
specifications,
solicitation
procedures,
and
policies
as
appropriate."

On
September
28,
1995,
EPA
issued
a
proposed
Guidance
on
the
Acquisition
of
Environmentally
Preferable
Products
and
Services
which
includes
a
series
of
principles
that
are
intended
to
guide
Federal
purchasers
as
they
consider
environmental
preferability
in
their
acquisition
decisions.
This
proposed
Guidance
was
the
culmination
of
numerous
discussions
EPA
had
with
staff
from
key
purchasing
agencies
and
departments
as
well
as
representatives
from
industry
and
environmental
and
other
interested
organizations.

In
EPA's
proposed
Guidance
(
Supplementary
Information
­
Section
III
(
E)),
EPA
acknowledged
the
existence
of
non­
governmental
entities
­­
including,
but
not
limited
to,
environmental
standard
setting
organizations,
third
party
certification
programs,
environmental
labeling
or
environmental
"
report
card"
programs
and
other
environmental
consulting
organizations
­­
to
which
Executive
agencies,
in
appropriate
circumstances,
may
refer
for
technical
assistance1
in
meeting
the
Executive
Order
goals.

In
this
paper,
EPA
suggests
a
pilot
project
approach
to
test
the
utility
of
various
means
of
using
non­
governmental
entities
to
achieve
environmentally
preferable
purchasing
goals.
This
pilot
project
approach
will
be
publicized
through
a
Notice
of
Availability
in
the
Federal
Register.
Ultimately
the
findings
from
the
pilot
project
approach
will
provide
practical
information
to
EPA
in
the
development
of
its
final
Guidance.
The
Five
Guiding
Principles
EPA's
Final
Guidance
Standards
Development
Top
20
Priorities
RECEIVED
OPPT
NCIC
2003
JUN20
7:
42AM
OPPT­
2003­
0032­
0003
Environmentally
Preferable
Purchasing
­
Pilot
Project
Approach
Page
2
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9
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epa.
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opptintr/
epp/
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pilotpj.
htm
6/
20/
2003
Spectrum
of
Approaches
First,
it
must
be
emphasized
that
Executive
agencies
may
choose
to
implement
EPA's
proposed
Guidance
without
technical
assistance
from
non­
governmental
entities.
A
number
of
on­
going
environmentally
preferable
purchasing
(
EPP)
pilot
projects
are
relying
successfully
on
the
in­
house
environmental
and
procurement
expertise
of
EPA
and
the
partnering
Executive
agency
(
e.
g.,
General
Services
Administration
and
the
Department
of
Defense).
Therefore,
this
paper
should
in
no
way
be
interpreted
as
an
EPA
endorsement
of
a
specific
non­
governmental
entity,
organization
or
program,
nor
should
agencies
feel
obligated
in
any
way
to
utilize
the
technical
assistance
of
such
entities.

However,
to
the
extent
that
the
Agencies
are
interested
in
tapping
the
expertise
that
resides
outside
the
Government,
EPA
concludes
that
Agencies,
in
carrying
out
existing
mandates
for
environmentally
preferable
purchasing
may
use
nongovernmental
entities
in
accordance
with
appropriate
operating
guidelines.
Executive
agencies
should
note
that
they
must
avoid
favoring,
without
reasonable
justification,
one
non­
governmental
entity
over
another.
Executive
agencies
should
also
inform
their
personnel
about
the
Federal
Trade
Commission's
Guides
for
the
Use
of
Environmental
Marketing
Claims
which
govern
environmental
claims
made
by
anyone,
including
manufacturers
or
environmental
labeling
or
"
report
card"
programs.

Thus
far,
EPA
has
identified
a
number
of
different
potential
approaches
for
how
Executive
agencies
could
use
the
technical
expertise
of
non­
governmental
entities
in
furthering
their
environmentally
preferable
purchasing
goals.
All
of
the
potential
approaches
described
below
require
that
the
Executive
agencies
involved
critically
examine
all
information
from
non­
governmental
entities.
The
Executive
agencies
involved,
and
not
the
non­
governmental
entities,
must
make
all
final
determinations
regarding
environmental
preferability.

This
list
of
approaches
is
not
comprehensive.
Agencies
are
encouraged
to
bring
to
EPA's
attention
other
potential
approaches
for
using
non­
governmental
entities.
In
utilizing
an
approach,
agencies
have
considerable
discretion
in
incorporating
environmental
preferability
into
procurement
decisions.
For
example,
environmental
considerations
that
result
in
limiting
competition
or
in
the
payment
of
a
price
premium
for
goods
or
services
may
be
reasonably
related
to
an
agency's
definition
of
its
"
minimum
needs"
and
therefore
permissible.

Approach
1:
Use
of
Existing
Information
Developed
by
Nongovernmental
Entities
Executive
agencies'
personnel
could
use
existing
information
developed
by
nongovernmental
entities
regarding
environmental
preferability
of
products
and
services,
along
with
other
available
information
(
such
as
product
performance
and
price)
in
defining
the
requirements
for
procurements
and
making
more
informed
procurement
and
acquisition
decisions.
For
example,
Agencies
might
consider
undertaking
pilot
projects
to
test
the
utility
of
non­
governmental
entities
in
the
following
instances:

a)
Executive
agencies
could
examine
and
evaluate
already
existing
environmental
criteria
or
standards
developed
by
non­
governmental
entities
for
products
or
product
categories
(
as
well
as
for
services
or
service
categories),
along
with
other
available
information,
to
identify
a
range
of
environmental
attributes
which
can
inform
the
agencies'
own
determinations
of
environmental
preferability.
Those
determinations
of
Environmentally
Preferable
Purchasing
­
Pilot
Project
Approach
Page
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2003
environmental
preferability
could
then
translate
into
agency
requirements,
or
at
the
very
least,
important
criteria
in
the
evaluation
and
selection
of
competing
vendors
or
manufacturers.

b)
In
buying
commercial
items
off­
the­
shelf,
Executive
agencies
could
inform
their
personnel
to
take
into
consideration
environmental
information
(
e.
g.,
environmental
claims,
product
profiles,
"
report
cards",
or
environmental
seals
along
with
accompanying
explanation,
etc.,)
either
displayed
on
the
products
or
provided
through
product
literature
or
other
materials
(
e.
g.,
newsletters)
in
making
purchasing
decisions.
This
environmental
information
could
be
provided
by
vendors
or
manufacturers
or
by
non­
governmental
entities.
Executive
agency
personnel
should
be
cautioned
to
avoid
making
their
purchasing
decisions
on
broad
claims
of
environmental
superiority.
2
c)
At
the
request
of
vendors
or
manufacturers,
an
Executive
agency
could
include
in
its
catalogs
or
schedules
symbols
from
non­
governmental
entities
denoting
certain
environmental
characteristics,
provided
that
(
1)
these
symbols
are
accompanied
by
additional
information
that
specify
the
reasons
why
a
product
has
been
"
tagged"
with
a
symbol;
(
2)
the
catalogs
or
schedules
clearly
emphasize
that
Executive
agency
personnel
are
not
required
to
purchase
products
or
services
that
are
tagged;
and
(
3)
procurement
officials
should
not
rely
on
the
symbols
to
make
purchasing
decisions,
but
instead,
are
required
to
take
into
account
the
environmental
information
underlying
the
symbol
for
relevance
to
the
procurement.
3
Agencies
including
such
symbols
in
their
schedules
or
catalogs
should
ensure
that
their
employees
receive
appropriate
guidance
in
utilizing
this
approach.
Vendors
or
manufacturers
who
choose
not
to
obtain
a
seal
or
other
symbols
denoting
certain
environmental
characteristics
from
non­
governmental
entities
may
nevertheless
also
request
that
environmental
information
about
their
products
be
included
in
the
agency's
catalogs
or
schedules.

This
option
will
be
piloted
on
a
limited
basis
so
that
it
can
be
closely
monitored
to
determine
its
effectiveness.

d)
On
its
own
initiative,
an
Executive
agency
could
tag
products
or
services
in
its
catalogs
or
schedules
with
its
own
symbol
which
denotes
environmental
characteristics
that
the
Executive
agency,
through
its
own
determination,
deems
preferable.
This
symbol
could
be
based
on
existing
information
(
e.
g.,
environmental
claims,
product
profiles,
"
report
cards",
or
environmental
seals
along
with
accompanying
explanation,
etc.)
available
from
non­
governmental
entities
or
from
vendors
or
manufacturers
themselves.
This
symbol
should
be
accompanied
by
specific
information
explaining
the
basis
for
"
tagging"
a
product
as
well
as
the
source
of
the
information.
Catalogs
or
schedules
should
emphasize
that
Executive
agency
personnel
would
not
be
required
to
purchase
products
or
services
which
are
tagged,
but
are
requested
to
take
into
account
the
environmental
information
underlying
the
symbol
for
relevance
to
the
procurement.

Approach
2:
Use
of
Non­
governmental
Entities
as
Certifiers
of
Specific
Claims
Executive
agencies
could
require
vendors
or
manufacturers
to
have
specific,
measurable
and
verifiable
claims
certified
by
qualified
non­
governmental
entities.
A
product's
percentage
content
of
volatile
organic
compounds
(
VOCs),
for
example,
would
be
considered
measurable
and
verifiable.
The
rationale
behind
this
approach
is
that
credible
certification
by
non­
governmental
entities
(
or
actual
evidence
from
vendors
or
manufacturers
themselves)
could
increase
the
credibility
of
claims
that
may
be
displayed
on
products.
Such
certification,
or
a
vendor's
or
a
manufacturer's
Environmentally
Preferable
Purchasing
­
Pilot
Project
Approach
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epa.
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2003
ability
otherwise
to
prove
particular
claims
of
environmental
preferability,
could
be
a
prerequisite
for
competitive
consideration.

This
approach
assumes
that
(
1)
no
particular
non­
governmental
entity
is
favored
(
without
reasonable
justification)
over
any
other
non­
governmental
entity;
and
(
2)
vendors
or
manufacturers
who
choose
not
to
be
certified
by
non­
governmental
entities
are
provided
the
opportunity
to
present
credible
evidence
that
their
products
or
services
conform
to
established
standards.

Approach
3:
Use
of
Non­
government
Entities
as
"
Consultants"
under
Advisory
and
Assistance
Contracts
Pursuant
to
the
competitive
contracting
process
as
set
forth
in
the
Federal
Acquisition
Regulation
(
FAR),
non­
governmental
entities
could
provide
consulting
services
to
Executive
agencies.
Non­
governmental
entities
may
provide
advice
and
recommendations
about
environmentally
preferable
purchasing,
for
example,
through
the
identification
of
key
environmental
characteristics
of
product
categories.
Under
this
approach,
Executive
agencies
would
define
environmental
preferability
with
the
assistance
of
a
non­
governmental
entity
on
a
procurement­
by­
procurement
basis.
As
per
FAR
Subpart
9.5,
Executive
agencies
must
fully
consider
the
potential
for
conflict
of
interest
concerns
where
a
non­
governmental
entity
may
be
unable
to
render
impartial
advice
or
assistance
because
of
private
business
or
financial
interests.
Also,
Executive
agencies
should
make
every
effort
to
maximize
competition
in
awarding
these
advisory
and
assistance
contracts
to
avoid
any
exclusive
or
preferential
relationship
with
any
particular
non­
governmental
entity.
Finally,
the
environmental
preferability
standards
developed
under
this
approach
could
be
used
as
a
basis
for
defining
the
agency's
"
minimum
needs"
in
particular
procurements
and
for
developing
criteria
for
evaluating
competing
vendors.

Back
to
top
EPA's
Suggested
Next
Steps
One
of
the
key
tenets
of
EPA's
proposed
Guidance
is
to
have
Executive
agencies
undertake
a
series
of
pilot
projects
that
can
demonstrate
the
applicability
and
workability
of
the
guiding
principles
as
contained
in
EPA's
proposed
Guidance.
The
success
of
our
efforts
depends
on
learning
from
these
pilot
projects
and
sharing
the
results
widely
among
the
different
Executive
agencies.
It
is
in
this
spirit
that
EPA
strongly
encourages
Executive
agencies
to
enter
into
pilot
projects
that
test
the
potential
approaches
for
using
non­
governmental
entities
as
described
above.
Moving
forward
with
this
non­
governmental
entities
pilot
approach
is
desirable
for
a
number
of
reasons:

1.
EPA
can
capture
the
lessons
from
the
pilots
and
share
them
among
the
Executive
agencies
so
that
there
is
no
duplication
of
effort;
2.
we
can
determine
where
the
use
of
expertise
outside
of
the
government
is
appropriate
and
useful
and
where
it
is
not;
and
3.
the
net
effect
of
creating
a
market
for
such
EPP
services
may
encourage
increased
competition
among
existing
and
new
organizations
or
programs
that
can
support
Federal
procurement
of
environmentally
preferable
products
and
services.
Ultimately,
the
results
from
this
and
other
pilot
project
approaches
will
help
Executive
agencies
identify
the
most
effective
and
practical
ways
to
achieve
the
goals
of
environmentally
preferable
purchasing.
Environmentally
Preferable
Purchasing
­
Pilot
Project
Approach
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EPA
recognizes
that
any
pilot
project
involving
a
non­
governmental
entity
will
initially
raise
practical
questions
such
as
which
non­
governmental
entities
are
legitimate
and
are
credible
and
which
are
not;
is
there
a
need
to
certify
a
certifier?
While
EPA
is
not
currently
able
to
offer
an
"
approved"
list
of
non­
governmental
programs
best
suited
to
assist
the
agencies,
it
is
prepared
to
provide
assistance
to
Executive
agencies
on
an
individual
procurement­
by­
procurement
basis.
As
an
initial
step,
Agencies
are
directed
to
the
list
of
questions
for
evaluating
non­
governmental
entities
contained
in
Section
III,
[
E]
Third
Party
Certification
Programs
of
EPA's
proposed
Guidance
on
the
Acquisition
of
Environmentally
Preferable
Products
and
Services.
The
list
of
questions
is
included
as
Appendix
1
of
this
letter.

Specifically,
within
the
context
of
this
non­
governmental
entity
pilot
project
approach,
EPA's
Environmentally
Preferable
Purchasing
Program
in
the
Office
of
Pollution
Prevention
and
Toxics,
is
prepared
to:

1.
assist
Executive
agencies
in
structuring
a
pilot
project
involving
nongovernmental
entities,
including
providing
support
to
assess
the
utility
of
nongovernmental
entities
on
an
individual
procurement­
by­
procurement
basis;
2.
seek
out
and
identify
non­
governmental
entities
who
have
expertise
in
the
area
of
environmentally
preferable
purchasing
through
a
variety
of
means,
such
as,
but
not
limited
to,
Federal
Register
notices
or
announcements
in
the
Commerce
Business
Daily
(
CBD).
To
make
such
a
task
manageable,
EPA
will
identify,
with
help
and
guidance
from
the
agencies,
a
few
product
or
service
categories
upon
which
to
focus
at
first.
If
successful,
further
federal
register
notices
or
CBD
announcements
could
be
issued
focusing
on
additional
product
or
service
categories;
3.
assemble
a
list
of
product
categories
for
which
eco­
labeling
criteria
and
standards
have
been
established,
both
domestically
and
internationally
for
agencies
to
consider
in
developing
their
own
criteria
for
environmental
preferability.
If
appropriate,
EPA
will
assist
in
such
evaluations;
and
4.
assist
Executive
agencies
in
structuring
an
environmentally
preferable
purchasing
pilot
project
that
does
not
involve
non­
governmental
entities.

In
turn,
Executive
agencies
should
consult
with
EPA
when
undertaking
pilots
which
may
raise
environmental
issues
beyond
their
expertise
(
e.
g.,
where
a
pilot
involves
consideration
of
the
way
a
product
is
made).

Furthermore,
Executive
agencies
who
choose
to
undertake
pilots
under
option
1(
c
)
should
consult
with
EPA
in
developing
a
written
process
or
procedure
for
the
role
seals
or
symbols
and
the
associated
information
would
play
in
their
pilots.
For
example,
agencies
should
provide
clear
guidance
which
specifies
the
importance
of
considering
the
underlying
criteria,
not
the
seal
or
the
symbol.

As
EPA
and
Executive
agencies
embark
on
these
activities,
EPA
will
continue
to
explore
a
number
of
different
ways
that
it
can
address
issues
which
are
raised
within
the
pilot
project
context
more
definitively.
Executive
agencies
will
be
kept
informed
of
developments
on
these
issues.
Agencies
should
inform
EPA
of
their
efforts
in
environmentally
preferable
purchasing,
whether
such
efforts
involve
nongovernmental
entities
or
not
in
order
to
share
lessons
learned
among
other
agencies
and
to
aid
in
the
evaluation
of
the
pilot
projects.
In
this
way,
EPA
can
make
EPP
concepts
more
practical
for
use
within
the
Federal
acquisition
context.
To
facilitate
this,
Agencies
are
requested
to
send
the
attached
FAX
BACK
form.
Pilot
projects
involving
non­
governmental
entities
will
be
evaluated
over
a
period
of
the
next
three
years.
EPA
will
use
the
findings
from
that
evaluation
to
inform
the
development
of
its
final
Guidance.
Environmentally
Preferable
Purchasing
­
Pilot
Project
Approach
Page
6
of
9
http://
www.
epa.
gov/
opptintr/
epp/
pilot/
pilotpj.
htm
6/
20/
2003
Back
to
top
For
further
information
and
to
inform
EPA
of
pilot
project
efforts,
please
contact:

Eun­
Sook
Goidel,
Program
Manager
Environmentally
Preferable
Purchasing
Program
Pollution
Prevention
Division
Office
of
Pollution
Prevention
and
Toxics
Phone:
202
260­
3296
Fax:
202
260­
0178
e­
mail:
goidel.
eunsook@
epa.
gov
For
legal
issues
associated
with
use
of
non­
governmental
entities
in
environmentally
preferable
purchasing,
please
contact:
Tali
Zemel,
Esq.
Office
of
General
Counsel
Phone:
202
564­
4708
e­
mail:
Zemel.
Avital@
epa.
gov
Appendix
1.
List
of
Questions
for
Evaluating
Nongovernmental
Entities4
Executive
agencies
should
consider
the
following
list
of
questions
in
evaluating
nongovernmental
entities
should
agencies
choose
to
use
the
expertise
of
these
programs
to
pilot
different
approaches
to
achieve
the
goals
of
environmentally
preferable
purchasing
such
programs.
Does
the
program
have:

l
an
open,
public
process
that
involves
key
stakeholders
(
businesses,
environmental
and
consumer
groups,
states
etc.)
in
developing
its
criteria
or
standards?

l
award
criteria,
assumptions,
methods
and
data
used
to
evaluate
the
product
or
product
categories
that
are
transparent
(
i.
e.,
they
are
publicly
available,
easily
accessed
and
understandable
to
the
lay
person)?

l
a
system
of
data
verification
and
data
quality?

l
a
peer
review
process
(
with
representation
of
all
stakeholders)
for
developing
the
standards
or
criteria?

l
criteria
which
are
developed
based
on
a
"
systems"
or
life
cycle
approach
(
i.
e.,
"
cradle
to
grave")?

l
an
outreach
program
to
educate
the
consumer,
which
includes
clear
communications
to
consumers
that
provide
key
information
concerning
environmental
impacts
associated
with
the
product?

l
an
established
goal
of
updating
standards
or
criteria
as
technology
and
scientific
knowledge
advance?

l
authority
to
inspect
the
facility
whose
product
is
certified
to
ensure
compliance
with
the
standards
or
criteria?

l
testing
protocols
for
the
products
that
are
certified
which
ensure
testing
is
conducted
by
a
credible
institution?

l
access
to
obtaining
the
seal
by
small
and
medium
sized
companies
(
e.
g.,
the
cost
of
the
seal
is
not
so
high
as
to
prevent
access
by
companies)?
and
Environmentally
Preferable
Purchasing
­
Pilot
Project
Approach
Page
7
of
9
http://
www.
epa.
gov/
opptintr/
epp/
pilot/
pilotpj.
htm
6/
20/
2003
l
compliance
with
the
Federal
Trade
Commission's
(
FTC)
Guides
for
the
Use
of
Environmental
Marketing
Claims?

Back
to
top
Back
to
top
FAX
BACK
FORM
Please
Inform
EPA
about
Your
Pilot
Project
Involving
the
Use
of
Non­
governmental
Entities
in
Environmentally
Preferable
Purchasing!!

Name:
Department/
Agency:
Address:
Address:
Phone:
FAX
e­
mail:
Type
of
Acquisition/
Procurement:
(
e.
g.,
small
purchase,
credit
card
purchase,
competitive
bid,
etc.)

Product/
Service
Category:

Name
of
Non­
Governmental
Entity:
Type
of
Non­
Governmental
Entity
(
check
all
that
apply):
___
environmental
standard
setting
organizations
___
third
party
environmental
certification
programs
___
environmental
labeling
organizations
___
environmental
report
card
organization
___
environmental
consultants
___
other
(
please
specify:_______________________________________)

Type
of
Information/
Assistance
Sought
from
Non­
Governmental
Entity:
___
general
environmental
information
about
a
product/
service
category;
___
analyze
life
cycle
and
multiple
environmental
attributes;
___
analyze
basic
environmental
performance
characteristics
for
specific
categories
of
products/
services;
___
identify
environmentally
preferable
product/
service
criteria
for
a
given
product
category
based
on
agencies'
core
environmental
values;
___
identify
products/
services
in
a
given
category
which
meet
agencies'
predetermined
set
of
environmental
performance
criteria;
and
___
other
(
please
specify:_____________________________________)

Please
FAX
to:
Eun­
Sook
Goidel
Program
Manager
Environmentally
Preferable
Purchasing
Program
U.
S.
Environmental
Protection
Agency
(
202)
260­
0178
fax
(
202)
260­
3296
phone
Environmentally
Preferable
Purchasing
­
Pilot
Project
Approach
Page
8
of
9
http://
www.
epa.
gov/
opptintr/
epp/
pilot/
pilotpj.
htm
6/
20/
2003
Endnotes
1.
For
example,
Executive
agencies
might
seek
technical
assistance
from
nongovernmental
entities
to
help
Executive
agencies:

(
a)
analyze
life
cycle
and
multiple
environmental
attributes;
(
b)
analyze
basic
environmental
performance
characteristics
for
specific
categories
of
products/
services;
(
c
)
identify
environmentally
preferable
product/
service
criteria
for
a
given
product
category
based
on
agencies'
core
environmental
values;
and
(
d)
identify
products/
services
in
a
given
category
which
meet
agencies'
predetermined
set
of
environmental
performance
criteria.
Executive
agencies
are
reminded
that
they
must
critically
examine
all
information
from
non­
governmental
entities.
The
Executive
agencies
involved,
and
not
the
non­
governmental
entities,
must
make
all
final
determinations
regarding
environmental
preferability.
[
Return
to
text]

2.
The
following
excerpt
from
FTC's
Guides
for
the
Use
of
Environmental
Marketing
Claims
illustrates
this
point:

A
product
is
advertised
as
"
environmentally
preferable."
This
claim
is
likely
to
convey
to
consumers
that
this
product
is
environmentally
superior
to
other
products.
If
the
manufacturer
cannot
substantiate
this
broad
claim,
the
claim
would
be
deceptive.
The
claim
would
not
be
deceptive
if
it
were
accompanied
by
clear
and
prominent
qualifying
language
limiting
the
environmental
superiority
representation
to
the
particular
product
attribute
or
attributes
for
which
it
could
be
substantiated,
provided
that
no
other
deceptive
implications
were
created
by
the
context.
(
From
FTC's
Guides,
(
a)
General
Environmental
Benefit
Claims,
Example
6)
[
Return
to
text]

3.
The
following
excerpt
from
FTC's
Guides
for
the
Use
of
Environmental
Marketing
Claims
provides
an
example
of
this
point:

A
product
label
contains
an
environmental
seal,
either
in
the
form
of
a
globe
icon,
or
a
globe
icon
with
only
the
text
"
Earth
Smart"
around
it.
Either
label
is
likely
to
convey
to
consumers
that
the
product
is
environmentally
superior
to
other
products.
If
the
manufacturer
cannot
substantiate
this
broad
claim,
the
claim
would
be
deceptive.
The
claims
would
not
be
deceptive
if
they
were
accompanied
by
clear
and
prominent
qualifying
language
limiting
the
environmental
superiority
representation
to
the
particular
product
attribute
or
attributes
for
which
they
could
be
substantiated,
provided
that
no
other
deceptive
implications
were
created
by
the
context.
(
From
FTC's
Guides,
(
a)
General
Environmental
Benefit
Claims,
Example
5)
[
Return
to
text]

4.
Excerpted
from
EPA's
proposed
Guidance
on
the
Acquisition
of
Environmentally
Preferable
Products
and
Services.
[
Return
to
text]

Back
to
top
Environmentally
Preferable
Purchasing
­
Pilot
Project
Approach
Page
9
of
9
http://
www.
epa.
gov/
opptintr/
epp/
pilot/
pilotpj.
htm
6/
20/
2003
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Prevention
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URL:
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epa.
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opptintr/
epp/
pilot/
pilotpj.
htm
