Bill Text: NY S09889 | 2023-2024 | General Assembly | Introduced

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Bill Title: Prohibits certain unlawfully deceptive acts or practices involving environmental marketing claims.

Spectrum: Partisan Bill (Democrat 1-0)

Status: (Introduced) 2024-08-14 - REFERRED TO RULES [S09889 Detail]

Download: New_York-2023-S09889-Introduced.html

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                STATE OF NEW YORK
        ________________________________________________________________________

                                          9889

                    IN SENATE

                                     August 14, 2024
                                       ___________

        Introduced  by  Sen.  MAY  --  read  twice and ordered printed, and when
          printed to be committed to the Committee on Rules

        AN ACT to amend the general business  law,  in  relation  to  unlawfully
          deceptive acts or practices regarding environmental marketing claims

          The  People of the State of New York, represented in Senate and Assem-
        bly, do enact as follows:

     1    Section 1. The general business law is amended by adding a new section
     2  349-h to read as follows:
     3    § 349-h. Unlawfully deceptive acts  or  practices  involving  environ-
     4  mental  marketing  claims.  1.  For  the  purposes  of this section, the
     5  following terms shall have the following meanings:
     6    (a) "Environmental marketing claim" means a representation  about  the
     7  environmental  attribute,  including  climate  impact,  of  a product or
     8  service in connection with the marketing, offering for sale, or sale  of
     9  such  product  or service to the public. For purposes of this paragraph,
    10  the term "marketing" includes but is not limited to labeling,  advertis-
    11  ing,  promotional  materials, and any other form of appeal to the public
    12  in any medium, whether asserted  directly  or  by  implication,  through
    13  words, symbols, logos, depictions, product brand names, or other means.
    14    (b)  "Net  zero  claim"  means  a  representation  that  an entity has
    15  achieved an overall balance between greenhouse  gas  emissions  produced
    16  and greenhouse gas emissions removed from the atmosphere.
    17    (c)  "Paltering"  means the use of a truthful statement relating to an
    18  industry, business, product, or service that creates an  overall  false,
    19  deceptive,  or misleading impression or implication to the public that a
    20  specific benefit is significant when it is in fact negligible as to such
    21  industry, business, product, or service.
    22    (d) "Reputational advertising" means a representation  to  the  public
    23  designed  to  create  a perception of an industry, business, or brand by
    24  highlighting positive environmental qualities of or action taken by such
    25  industry, business, or brand, regardless of whether such  representation
    26  is made in connection with the sale of a good or service.
    27    2.  The  following  are unlawfully deceptive acts or practices for the
    28  purposes of this article:

         EXPLANATION--Matter in italics (underscored) is new; matter in brackets
                              [ ] is old law to be omitted.
                                                                   LBD16032-01-4
        S. 9889                             2

     1    (a) Making  an  untruthful,  deceptive,  or  misleading  environmental
     2  marketing claim, including, but not limited to:
     3    (i)  engaging  in  paltering that misleads or deceives consumers as to
     4  the overall environmental impact of an industry, business,  product,  or
     5  service; or
     6    (ii)  engaging  in  reputational advertising that misleads or deceives
     7  consumers as to the overall environmental impact of an  industry,  busi-
     8  ness, product, or service; and
     9    (b)  Making  an  untruthful,  deceptive, or misleading net zero claim,
    10  including, but not limited to, a claim that:
    11    (i) does not clearly identify the covered portion of an entity's emis-
    12  sion portfolio and value chain, including all greenhouse gas  emissions,
    13  all  emission scopes, and all joint ventures, subsidiaries, and specific
    14  product categories;
    15    (ii) does not distinguish between a  business's  emission  reductions,
    16  post-emission  compensation,  both  offsets  and  removals, and emission
    17  divestments, or otherwise relies on vast amounts of offsets; or
    18    (iii) is not substantiated by a company plan or action.
    19    3. If an action is brought under this section alleging  an  unlawfully
    20  deceptive  act  or  practice  described in this section, it shall not be
    21  required that the person who brought such action suffered any ascertain-
    22  able loss as a result of the use or employment of such unlawfully decep-
    23  tive act or practice.
    24    § 2. This act shall take effect immediately.