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.
