Federal Trade Commission Letter to the Marine Stewardship Council Concerning Considering Consumer Perception When Developing or Reviewing a Certification System

Office of the Secretary
VIA Email 	May 30, 2013
Marine Stewardship Council
Program Improvements
standards@msc.org
RE: 	Marine Stewardship Council’s Fishery Standards Review
To the Program Improvements Manager:
In response to the Marine Stewardship Council’s (“MSC”) request for public comments
as part of its current fishery standards review, the Federal Trade Commission (“FTC” or
“Commission”) submits the following comments. The FTC appreciates this opportunity to share
the following information concerning the Commission’s approach regarding environmental
marketing claims. The Commission wants to take this opportunity, while the MSC is actively
reviewing its certification process, to recommend that the MSC work to ensure that its “Certified
Sustainable Seafood” label conveys truthful, non-deceptive information to consumers.
The Commission takes no position on the legality of the current MSC seal or on any
future proposals, but emphasizes that the MSC’s “Certified Sustainable Seafood” label, when
used in the United States, is governed by and must comply with the Federal Trade Commission
Act, 15 U.S.C. §§ 41 et seq. (the “FTC Act”). This letter is not intended in any way to imply that
the MSC, or any of the licensees using its label, have, or have not, violated the FTC Act.
The FTC is charged under the FTC Act with preventing unfair methods of competition
and unfair or deceptive acts or practices in or affecting commerce. Truthful and non-deceptive
information is necessary for the marketplace to function efficiently. The Commission and its
staff have a longstanding interest in ensuring that environmental marketing claims do not deceive
consumers. To that end, the Commission promulgated its Environmental Marketing Guides
(“Green Guides”) in 1992. As part of its comprehensive program to review all its rules and
Guides, the Commission recently updated the Green Guides with particular emphasis on the use
of third-party seals and certificates.1 For example, the Commission has provided guidance
regarding disclosure of material connections,2 third-party seals as general environmental benefit
claims,3 and multi-attribute certifications.4
1 The Green Guides are available here: http://www.ftc.gov/os/2012/10/greenguides.pdf. The Green Guides’
Statement of Basis and Purpose is available here: http://www.ftc.gov/os/fedreg/2012/10/greenguidesstatement.pdf
(the “Statement of Basis and Purpose”).
2 See Green Guides § 260.6. See also Statement of Basis and Purpose § IV.C.3.
3 See Green Guides §§ 260.4 and 260.6. See also Statement of Basis and Purpose §§ IV.A. and IV.C.
4 Id.
UNITED STATES OF AMERICA
FEDERAL TRADE COMMISSION
WASHINGTON, D.C. 20580

2
When they convey truthful and non-deceptive information, certification seals, such as the
MSC seal, and others like it, can play an important role in helping consumers identify seafood
with desirable environmental benefits. As your public inquiry recognizes, it is important to
ensure that the standards for the MSC’s seal are grounded in sound science, which should be
objectively applied. It is equally important that the seal convey information that is truthful, and
that does not deceive consumers. The Green Guides provide considerable advice on how to
avoid such deception. Furthermore, as explained in the Green Guides and Statement of Basis
and Purpose, under the FTC Act advertisers are responsible for both the express and implied
claims taken from their advertisements. Therefore, the MSC seal, as well as its competitors’
seals, should comport with the Green Guides.
The MSC, and any other third-party certifier, should consider consumer perception when
developing or reviewing a certification system. If a certifier permitted practices that reasonable
consumers found inconsistent with their interpretation of the seal, the certifier should change the
seal or change the certification process to comport with that understanding. Therefore, the MSC
review process should take into account how reasonable consumers will perceive the MSC seal
at the retail level.
The FTC appreciates this opportunity to share this information with your organization.
By direction of the Commission.
Donald S. Clark
Secretary
cc: 	Rupert Howes, MSC Chief Executive (via Email and FedEx)
Marine House
1 Snow Hill
London
EC1A 2DH
louise.johnson@msc.org