Voluntary consensus standard bodies are “organizations which plan, develop, establish,
2
or coordinate voluntary consensus standards using agreed-upon procedures. . . . A voluntary
consensus standards body is defined by the following attributes: (i) openness, (ii) balance of
interest, (iii) due process, (iv) an appeals process, (v) consensus, which is defined as general
agreement, but not necessarily unanimity, and includes a process for attempting to resolve
objections by interested parties, as long as all comments have been fairly considered, each
objector is advised of the disposition of his or her objection(s) and the reasons why, and the
consensus members are given an opportunity to change their votes after reviewing the
comments.” Memorandum for Heads of Executive Departments and Agencies on Federal
Participation in the Development and Use of Voluntary Consensus Assessment Activities,
February 10, 1998, Circular No. A-119 Revised, Office of Management and Budget at
www.whitehouse.gov/omb/circulars_a119.
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Example 2: A manufacturer advertises its product as “certified by the American Institute
of Degradable Materials.” Because the advertisement does not mention that the
American Institute of Degradable Materials (“AIDM”) is an industry trade association,
the certification likely conveys that it was awarded by an independent certifier. To be
certified, marketers must meet standards that have been developed and maintained by a
voluntary consensus standard body. An independent auditor applies these standards
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objectively. This advertisement likely is not deceptive if the manufacturer complies with
§ 260.8 of the Guides (Degradable Claims) because the certification is based on
independently-developed and -maintained standards and an independent auditor applies
the standards objectively.
Example 3: A product features a seal of approval from “The Forest Products Industry
Association,” an industry certifier with appropriate expertise in evaluating the
environmental attributes of paper products. Because it is clear from the certifier’s name
that the product has been certified by an industry certifier, the certification likely does not
convey that it was awarded by an independent certifier. The use of the seal likely is not
deceptive provided that the advertisement does not imply other deceptive claims.