Appropriately managing the disposal of consumer electronics, referred to as “e-waste,” can be challenging because
many states have made it illegal to dispose of e-waste in the
trash. LCD TV screens contain mercury and computer monitors
contain lead, both of which can contaminate the environment.
Some states are starting to enact legislation to address these
concerns. For example, a 2007 Minnesota law will require
manufacturers of computers and televisions to collect and
recycle by weight 60 percent of what they sold in the previous
year. Retailers are launching recycling initiatives in an attempt
to seize green marketing opportunities. Instead of having used
electronic equipment ending up in the trash or in the basement, retailers are accepting used equipment, having “take
back” days or selling recycled boxes for used equipment. The
recycling of e-waste is further complicated by uncertainty as to
the waste’s ultimate destination. Imagine how surprised an
organization would be to see pictures of its prominently displayed logo on its “recycled” electronic waste in a landfill in a
developing country with children picking through the debris.
Thus, when recycling electronic equipment, organizations committed to being green should return the equipment to the
manufacturer or to a reputable recycler.
The Biggest Risk — Greenwashing
One of the biggest risks in becoming green is not really being
green at all. Being tagged as “greenwashing” can negatively
impact an organization’s reputation and bottom line. Greenwash-
ing is a term that originally described efforts of companies to
promote themselves as environmentally responsible in order to
distract from anti-environmental positions or actions. The term
has been broadened to describe the act of giving the impression
that an organization is more environmentally responsible than
it is in reality, e.g., a car company promoting its few green
vehicles models while continuing to manufacture other vehicles with consistently poor fuel economy. In Norway, the words
“green” and “clean” have been banned from car advertisements because by definition cars can be neither.
Fundamentally, greenwashing is misleading. While it may
be tempting to exaggerate or publicize environmental policies
or performance, it may backfire if the claims are viewed as
greenwashing. Corporations, governments, political candidates,
trade associations, non-governmental organizations all have
been accused of greenwashing. Organizations making a commitment to being more environmentally conscious do not want
this moniker. In addition to ethical reasons for being honest
and truth in advertising, there are numerous groups dedicated
to ferreting out greenwashing examples. Recently, TerraChoice,
an environmental marketing company, determined that almost
all of the environmental claims made for consumer products
are false or misleading.
Greenwashing occurs for numerous reasons. It can serve
to divert the attention of regulators or can help convince critics that an organization has changed its ways. Additionally,
presenting an organization as environmentally responsible can
provide a marketing advantage, differentiating a company from
its competitors. Employees feel good being associated with a
company with a positive environmental record and the appearance of being green can make the company an attractive
investment. Unfortunately, unless identified, greenwashing can
instill a sense of complacency in consumers and regulators
that will have far reaching negative repercussions for the environment. If the illusion is created that everything is greening,
than the urgency and the incentive to be environmentally
responsible is diminished.
One greenwashing issue that arises with trade or industry
associations is that the representations of the group are attributed to the individual members. This clearly goes both ways
and can benefit the members when the association is committed to being environmentally responsible. However, an organization cannot espouse its commitment to reducing its
environmental footprint while belonging to an association that
advocates for less environmentally supportive positions or lob-bies for weaker environmental standards. When it comes to the
environment, an organization cannot have it both ways.
What will work for each company, individual or association is difficult to assess. However, it will require a commitment from the entire organization, from management to the
entry-level employee, for green efforts to succeed. The key is
that being more green is attainable and although there are
risks, it will have direct benefits to the organization and to
the environment.
Lisa S. Zebovitz is a partner in the law firm of Neal, Gerber & Eisenberg, which
serves as the Association Forum’s general counsel, and co-chairs the firm’s
Environmental Practice Group. She may be reached at (312) 269-8033 or
lzebovitz@ngelaw.com.
