implicit

At the end of June, the US Supreme Court upended 40 years of legal precedent in a ruling that sharply limited the regulatory authority of federal agencies. The so-called Chevron Deference doctrine stated that when a legislative delegation to an administrative agency on a particular issue or question was not explicit but rather implicit, a court may not substitute its own interpretation of the statue for a reasonable interpretation made by the administrative agency.

Under the new ruling, courts will have more power to interpret these statutes. Environmentalists fear that this decision could lead to hundreds of rules being weakened or even eliminated, particularly Environmental Protection Agency limits on air and water pollution, regulations on toxic chemicals, and policies to tackle climate change.

Conservative political organizations have been pushing for decades to roll back the government’s regulatory powers. The new ruling creates a massive opportunity for environmental regulations to be challenged, considering the proliferation of increasingly activist, right-leaning courts. In particular, climate regulations under the Clean Air Act are more susceptible to judicial reversal. The ruling shifts the power from the agencies to the courts.

The danger of this decision is that more Americans will suffer from the worse effects of climate change, air pollution, and other environmental harms that current government regulation protect against. Any time that the Court makes it harder for the government to regulate and easier for businesses to challenge regulations, it makes it more likely that industries will injure the public and the planet in search of profits. This is basic economics in action.

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A Seismic Supreme Court Decision

Photo, posted September 17, 2020, courtesy of Thomas Hawk via Flickr.

Earth Wise is a production of WAMC Northeast Public Radio

Green products are environmentally-friendly products with features that are less harmful to people and the planet. For instance, green products may require fewer resources to produce, consume less energy, contain non-toxic ingredients, or create fewer emissions. Some examples include biodegradable waste bags, LED light bulbs, low-flow shower heads, organic cotton clothing, and reusable coffee cups and water bottles.

But according to new research from two universities in the United Kingdom, companies looking to promote their latest environmentally-friendly product should actually downplay its greenness if they want consumers to buy it.

The study, by researchers from the University of East Anglia and the University of Leeds, found advertising that highlights a product’s green attributes can lead consumers to associate it with weak performance. The findings, which were recently published in the Journal of Advertising, indicate that companies should downplay a product’s green qualities and instead promote it on more traditional aspects.

An example of these two distinct advertising strategies – green emphasis versus green understatement – can be found in the auto industry. Car manufacturer Toyota prominently highlights the low emissions and low fuel consumption features of the Prius, employing what the researchers term as ‘explicit signals’. In contrast, automaker Tesla reduces the prominence of its green attributes, focusing instead on its cars’ acceleration, handling, and other performance-related characteristics. This is known as the ‘implicit signals’ marketing approach.

After conducting two experiments, the research team found that the implicit, rather than explicit, marketing approach about greenness leads to higher performance evaluations and purchase intent.

Consumers appear more likely to engage in pro-social actions when it’s accompanied by some form of personal benefit.

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Highlighting product greenness may put consumers off buying

Photo, posted December 21, 2019, courtesy of Flickr.

Earth Wise is a production of WAMC Northeast Public Radio.

The end of the Chevron deference

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Strategies To Promote Green Products | Earth Wise

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