Section 7: EASING THE BURDEN OF BUYING GREEN
A. CONTRACTING OPPORTUNITIES
B. VERIFYING GREEN CLAIMS
C. UNDERSTANDING ENVIRONMENTAL STANDARDS

A. Contracting Opportunities

With so many attributes and environmental issues to consider, how is a purchaser to keep up with the multitude of greener options, locate suppliers and determine which will be the most cost-effective for their needs? The good news is that the task is no longer as overwhelming as you may believe. As more governments, private companies, colleges and universities, businesses, institutions and others continue to adopt environmental purchasing policies, it sends a clear message to industry that green solutions are needed. Consider a few strategies already being used by purchasers across the country:

  • Let your contract do the work. Establish minimum standards and specifications concerning environmental criteria (e.g. certain percentages of post-consumer recycled content, EnergyStar compliance, third-party certified cleaning products) to weed out unacceptable products from the start. If needed, give preference (in the evaluation) to Bidders who can provide EPPs, and/or require all Bidders to provide an EPP alternative along with other items bid. Include flexibility in your contract to require awarded vendors to add green items during the contract term.
  • Tap the resources of your vendors. Require all awarded vendors to offer training on the products or equipment or services they are providing. (e.g. require that copier suppliers train customers on the power management features and guarantee that recycle paper will not be faulted for equipment problems; require cleaning distributors to include staff training at no additional charge). Require vendors to identify EPPs in catalogs and online ordering systems, take back products for recycling after their useful life and provide annual reports to agencies on EPP purchasing.
  • Require awarded contract vendors to green their operations. Include language in the bid document that requires awarded vendors to examine their operations and suggest areas in which they may implement environmental initiatives or purchase EPPs. This type of initiative does not create a burden on the bid process (as it only applies to vendors receiving an award), but it enables states to increase the positive impact of their purchasing and educate suppliers on the benefits of greening their operations. Such initiatives may include asking suppliers to clearly identify the recycled content of corrugated packaging on the box, use recycled content papers for marketing materials, use alternative-fuel vehicles for deliveries or equip diesel vehicles with emission-control retrofit technologies, and work toward a goal of zero waste in their warehouse, manufacturing or office operations.

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B. Verifying Green Claims

As the demand for EPPs is becoming more universal among all levels of purchasing, many major manufacturers are responding with cost-effective, efficient solutions to all types of products. However, in the rush to stay competitive in a green world, some manufacturers are unwilling to make the necessary investment to achieve greater environmental standard and instead invest in creative advertising, or exaggerating a product's environmental benefits. Such a practice is called “greenwashing” and is often illustrated by using unproven or useless claims like earth-friendly, eco-safe, all natural, ozone-safe and others. Fortunately, there are many tools available today to assist purchasers and supply chain managers in determining which environmental claims are accurate and relevant and which ones should be ignored.

Federal Trade Commission. The FTC issued guidelines for the use of environmental marketing claims in the early 1990s and then updated them in 1998. The guidelines are not legislative rules so they do not have the force or effect of law. The FTC says an environmental marketing claim should:

  • Have qualifications and disclosures that are clear enough to prevent deception;
  • Make it clear whether the environmental attribute or benefit being asserted refers to the product, the product's package, or to a portion or component of the product or packaging;
  • Not overstate the environmental attribute or benefit, expressly or by implication; and
  • Include a statement that makes the basis of comparison clear so that the consumer should be able to understand the claim.

Third-Party Certifications. While the FTC guidelines helped to remove a good portion of the most misleading claims, they have not eliminated the problem. To reduce the likelihood of being misled, today purchasers often must rely on a select group of environmental certifications established by reliable, third-party organizations to assist them in assessing the environmental claims made. Third-party certification is a scientific process by which a product, process or service is reviewed by a reputable and unbiased auditor (third party) to verify that a set of criteria, claims or standards are being met. A third-party certification can reduce the time and expense needed for identifying, selecting and purchasing cleaning products.

The basic values of a third-party certification are to provide a measure of conformity, satisfy customer demands and limit supplier risks without the expense of repeating tests. Certifying organizations are anxious to maintain their reputation and sustain their integrity and will provide an excellent way to validate marketing claims while protecting consumers from myths, misconceptions, misleading information and overzealous manufacturers. Third-party certifications assist in overcoming these myths and help those that want to develop true green programs to do so.  These can include trade association standards (e.g. the Carpet and Rug Institute).

Other Documentation. In the absence of a third-party certification, purchasers may also require that bidders submit documentation from the product manufacturer to substantiate the recycled content or other environmental claims. Such documentation may include test results, MSDS, and affidavits submitted on the manufacturer's letterhead and signed by a senior company official.

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C. understanding Environmental Standards

An environmental standard is a policy guideline that regulates the effect of human activity upon the environment. The most credible, respected standards are those that have been developed in an open, transparent process by organizations that do not have a vested interest in the outcome and usually focus on a balance of multiple environmental attributes or considerations throughout a product's life cycle. Purchasers also need to be aware that some standards “require” comprehensive third-party audits while others may simply permit manufacturers to determine, or “self-certify” whether they actually comply with a standard. Both can be valuable and effective, but purchasers need to recognize the distinction.

In the June 2007 edition of Government Procurement, author Scot Case provides a detailed review of environmental standards in his article Beware of Greenwashing: Not All Environmental Claims are Meaningful.

Greenwashing is the act of misleading purchasers regarding the environmental practices of a company or the environmental benefits of a product or service.

In an attempt to eliminate deceptive advertising practices that make it difficult for consumers to compare the environmental benefits of a manufacturer or product, the U.S. Federal Trade Commission (FTC) instated guidelines that require manufacturers to explain environmental claims. Initially, the guidelines decreased greenwashing dramatically. However, as competition in a market that demands “green” products increases, greenwashing is reemerging.

The six characteristics of modern greenwashing are outlined below.

  1. Fibbing.  Making false claims that a product meets the EcoLogo or Green Seal standards.
  2. Unsubstantiated Claims.  Commonly known as “just trust us.” Manufacturers are unable to prove their environmental claims.
  3. Irrelevance.  Making factually correct environmental statements that are no longer relevant due to modern bans and/or laws.
  4. The Hidden Trade-Off.  Making claims about a single environmental attribute; leading consumers to think that it is the only environmental attribute of concern.
  5. Vagueness.  Broad environmental claims such as “100 percent natural,” “Earth Smart,” and “Ozone Safe.”
  6. Relativism.  As compared to other products in a given category, a product may be the most environmentally friendly, but still a poor choice.

As stated in Case's article, when a consumer encounters any of the above greenwashing traits, the following questions should be asked to determine the relevancy of the environmental statement:

  • What type of environmental claim is being made?
  • Is a copy of the environmental standard or testing protocol available for review?
  • How was the environmental standard or testing protocol developed?
  • Who developed the environmental standard or testing protocol?
  • What process is used to verify that products actually meet the standard or passed the testing requirements?

The most frequently cited environmental procedures designed to verify if a product meets standards and examples of each are as follows:

Self Certification:
Energy Star Program - www.energystar.gov/
EPEAT - www.epeat.net

Independent, Third Party Certification:
Chlorine Free Products Association - www.chlorinefreeproducts.org/ 
LEED - www.usgbc.org/
EcoLogo -www.environmentalchoice.com  
Forest Stewardship Council (FSC) - www.fsc.org
Green-e - www.green-e.org
Green Guard - www.greenguard.org
Green Seal - www.greenseal.org  

Non-Third Party Label (Partnership Program):
Design for the Environment (DFE) - www.epa.gov/dfe/  

Visit the sites above to obtain a list of all the companies currently certified or registered by these organizations. Such a list may serve to ensure adequate availability of products manufactured to these standards by suppliers nationwide and provide tools for measuring benefits. A more expansive list can be seen in the Resources section of this guide.

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