Cal. Business and Professions Code § 17580 : California Business And Professions Code — General Business Regulations — Advertising — Environmental Representations — Documentation supporting validity of environmental representation

15 Sep 2016

Current through the 2016 Legislative Session

(a) Any person who represents in advertising or on the label or container of a consumer good that the consumer good that it manufactures or distributes is not harmful to, or is beneficial to, the natural environment, through the use of such terms as "environmental choice," "ecologically friendly," "earth friendly," "environmentally friendly," "ecologically sound," "environmentally sound," "environmentally safe," "ecologically safe," "environmentally lite," "green product," or any other like term, shall maintain in written form in its records the following information and documentation supporting the validity of the representation:
(1) The reasons why the person believes the representation to be true.
(2) Any significant adverse environmental impacts directly associated with the production, distribution, use, and disposal of the consumer good.
(3) Any measures that are taken by the person to reduce the environmental impacts directly associated with the production, distribution, and disposal of the consumer good.
(4) Violations of any federal, state, or local permits directly associated with the production or distribution of the consumer good.
(5) Whether or not, if applicable, the consumer good conforms with the uniform standards contained in the Federal Trade Commission Guidelines for Environmental Marketing Claims for the use of the terms "recycled," "recyclable," "biodegradable," "photodegradable," or "ozone friendly."
(b) Information and documentation maintained pursuant to this section shall be furnished to any member of the public upon request.
(c) For the purposes of this section, a wholesaler or retailer who does not initiate a representation by advertising or by placing the representation on a package shall not be deemed to have made the representation.
(d) It is the intent of the Legislature that the information and documentation supporting the validity of the representation maintained under this section shall be fully disclosed to the public, within the limits of all applicable laws.
Ca. Bus. and Prof. Code § 17580