What is a “healthy building?”
That’s a good question. But to answer it, we need to look at a few different aspects.
First, greenwashing is everywhere, and it has become more prevalent and more egregious, which has led to greater regulatory enforcement (more on that in a minute). And now we also have greenwashing’s cousin, “well washing” or “healthy washing.”
So what can we credibly call a “healthy” building?
I’m also a lawyer, so I like to nerd out about language - I can’t help myself. “Healthy” is an interesting term, and in the context of buildings, there’s little precedent.
So here’s a quick historical anecdote:
In 2017 I was part of the team that launched the Materials Matter series in Seattle - exploring materials transparency and risk, as Environmental Product Declarations (EPDs) and Health Product Declarations (HPDs) were new to the market and there was some concern regarding the designer’s obligations now that “health” information regarding building products was widely available in the marketplace.
Since there was so little precedent to look to, during that presentation, I talked about a series of warning letters that the Food and Drug Administration (FDA) had sent to Kind bars in 2015, regarding some of their “health-related” claims. Essentially, and I’m simplifying the issues here, the FDA felt that Kind could not market its bars as “healthy” because the nuts in Kind bars pushed them outside of the nutrient guidelines and (outdated) standards that did not account for healthy fats.
Here is an excerpt from the original FTC warning letter:
Kind bars pushed back, the FDA changed its tune (and its standards), and the original warning letter has been taken down (here is a link to a Time article summarizing the issues).
More recently, the Federal Trade Commission (FTC) has cracked down on health-related claims (a helpful article from our friends at Davis Wright Tremaine is available here) and the FTC is also in the process of developing much-needed updates to its “Green Guides.” This is all running in the background while we wait for the Securities and Exchange Commission (SEC) to finalize rules related to Environmental, Social and Governance (ESG), which will also shape how we define numerous terms that fall under E, S and G. SO many acronyms, so little time.
So, what’s the point of all this?
Standards evolve and so does language; this is why we need to be mindful of how we talk about things like “healthy” buildings.
Additionally, health-related claims can be difficult because health can be a very personal issue. While we do have some population-level health metrics - like air quality - certain aspects - like nutritional needs - are very person-specific.
Because healthy buildings are, relatively speaking, still sort of new, the language is still nascent. Similar to how LEED gained widespread market adoption, and has created a common language around sustainable building, third party verified programs like WELL and Fitwel have a similar impact on healthy buildings. They are starting to develop a common language and understanding of what constitutes a “healthy” building, in the absence of specific regulation of this term.
So what can you do?
Be mindful of language:
When using terms like “healthy,” consider the difference between “safe” and “safer.” Or an example I often give: is water “safe?” We need water to survive, yet according to the Centers for Disease Control, on average 11 people die of drowning each day (approx. 4,000 per year). This is a bit of an extreme example, but hopefully you get the point: language matters.
Stay current on the latest regulatory changes related to language; including the FTC, FDA, SEC and related guidance at the state level. Any easy way to do this? Follow this blog and follow us on social media (here and here).
Certification programs like The WELL Building Standard can help support the validity of healthy building claims, because WELL is third-party verified, evidence-based and grounded in the latest research. And the process for developing the standard is transparent and informed by numerous leading experts. These types of certification programs improve consistency and clarity in language; and, they evolve over time as technology, industry and market expectations, practitioner and vendor skill and related inputs also change. These updates - WELL is currently on version 2 - are very appropriate and help ensure that language keeps pace with market expectations (i.e. the Kind bars example and evolving dietary guidance).
#wearewell
Sustainable Strategies does not provide legal advice of any kind. This blog is not legal advice; it is for educational and informational purposes only.
Photo by Monika Grabkowska on Unsplash