SECTIONS 17580-17581 - California Statutes

BUSINESS AND PROFESSIONS CODE

SECTION 17580-17581

17580. (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.

17580.5. (a) It is unlawful for any person to make any untruthful,
deceptive, or misleading environmental marketing claim, whether
explicit or implied. For the purpose of this section, "environmental
marketing claim" shall include any claim contained in the "Guides for
the Use of Environmental Marketing Claims" published by the Federal
Trade Commission.
(b) It shall be a defense to any suit or complaint brought under
this section that the person's environmental marketing claims conform
to the standards or are consistent with the examples contained in
the "Guides for the Use of Environmental Marketing Claims" published
by the Federal Trade Commission.

17581. Any violation of this article is a misdemeanor punishable by
imprisonment in the county jail not to exceed six months, or by a
fine not to exceed two thousand five hundred dollars ($2,500), or by
both.