Assembly Bill A4013

                             
                     S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                   4013
 
                        2025-2026 Regular Sessions
 
                           I N  A S S E M B L Y
 
                             January 30, 2025
                                ___________
 
 Introduced by M. of A. SIMONE -- read once and referred to the Committee
   on Consumer Affairs and Protection
 
 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:
 
   Section 1. The general business law is amended by adding a new section
 349-h to read as follows:
   §  349-H.  UNLAWFULLY  DECEPTIVE  ACTS OR PRACTICES INVOLVING ENVIRON-
 MENTAL MARKETING CLAIMS. 1.  FOR  THE  PURPOSES  OF  THIS  SECTION,  THE
 FOLLOWING TERMS SHALL HAVE THE FOLLOWING MEANINGS:
   (A)  "ENVIRONMENTAL  MARKETING CLAIM" MEANS A REPRESENTATION ABOUT THE
 ENVIRONMENTAL ATTRIBUTE, INCLUDING  CLIMATE  IMPACT,  OF  A  PRODUCT  OR
 SERVICE  IN CONNECTION WITH THE MARKETING, OFFERING FOR SALE, OR SALE OF
 SUCH PRODUCT OR SERVICE TO THE PUBLIC. FOR PURPOSES OF  THIS  PARAGRAPH,
 THE  TERM "MARKETING" INCLUDES BUT IS NOT LIMITED TO LABELING, ADVERTIS-
 ING, PROMOTIONAL MATERIALS, AND ANY OTHER FORM OF APPEAL TO  THE  PUBLIC
 IN  ANY  MEDIUM,  WHETHER  ASSERTED  DIRECTLY OR BY IMPLICATION, THROUGH
 WORDS, SYMBOLS, LOGOS, DEPICTIONS, PRODUCT BRAND NAMES, OR OTHER MEANS.
   (B) "NET ZERO  CLAIM"  MEANS  A  REPRESENTATION  THAT  AN  ENTITY  HAS
 ACHIEVED  AN  OVERALL  BALANCE BETWEEN GREENHOUSE GAS EMISSIONS PRODUCED
 AND GREENHOUSE GAS EMISSIONS REMOVED FROM THE ATMOSPHERE.
   (C) "PALTERING" MEANS THE USE OF A TRUTHFUL STATEMENT RELATING  TO  AN
 INDUSTRY,  BUSINESS,  PRODUCT, OR SERVICE THAT CREATES AN OVERALL FALSE,
 DECEPTIVE, OR MISLEADING IMPRESSION OR IMPLICATION TO THE PUBLIC THAT  A
 SPECIFIC BENEFIT IS SIGNIFICANT WHEN IT IS IN FACT NEGLIGIBLE AS TO SUCH
 INDUSTRY, BUSINESS, PRODUCT, OR SERVICE.
   (D)  "REPUTATIONAL  ADVERTISING"  MEANS A REPRESENTATION TO THE PUBLIC
 DESIGNED TO CREATE A PERCEPTION OF AN INDUSTRY, BUSINESS,  OR  BRAND  BY
 HIGHLIGHTING POSITIVE ENVIRONMENTAL QUALITIES OF OR ACTION TAKEN BY SUCH
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.
                                                            LBD01388-01-5
 A. 4013                             2
              

 
 INDUSTRY,  BUSINESS, OR BRAND, REGARDLESS OF WHETHER SUCH REPRESENTATION
 IS MADE IN CONNECTION WITH THE SALE OF A GOOD OR SERVICE.
   2.  THE  FOLLOWING  ARE UNLAWFULLY DECEPTIVE ACTS OR PRACTICES FOR THE
 PURPOSES OF THIS ARTICLE:
   (A) MAKING  AN  UNTRUTHFUL,  DECEPTIVE,  OR  MISLEADING  ENVIRONMENTAL
 MARKETING CLAIM, INCLUDING, BUT NOT LIMITED TO:
   (I)  ENGAGING  IN  PALTERING THAT MISLEADS OR DECEIVES CONSUMERS AS TO
 THE OVERALL ENVIRONMENTAL IMPACT OF AN INDUSTRY, BUSINESS,  PRODUCT,  OR
 SERVICE; OR
   (II)  ENGAGING  IN  REPUTATIONAL ADVERTISING THAT MISLEADS OR DECEIVES
 CONSUMERS AS TO THE OVERALL ENVIRONMENTAL IMPACT OF AN  INDUSTRY,  BUSI-
 NESS, PRODUCT, OR SERVICE; AND
   (B)  MAKING  AN  UNTRUTHFUL,  DECEPTIVE, OR MISLEADING NET ZERO CLAIM,
 INCLUDING, BUT NOT LIMITED TO, A CLAIM THAT:
   (I) DOES NOT CLEARLY IDENTIFY THE COVERED PORTION OF AN ENTITY'S EMIS-
 SION PORTFOLIO AND VALUE CHAIN, INCLUDING ALL GREENHOUSE GAS  EMISSIONS,
 ALL  EMISSION SCOPES, AND ALL JOINT VENTURES, SUBSIDIARIES, AND SPECIFIC
 PRODUCT CATEGORIES;
   (II) DOES NOT DISTINGUISH BETWEEN A  BUSINESS'S  EMISSION  REDUCTIONS,
 POST-EMISSION  COMPENSATION,  BOTH  OFFSETS  AND  REMOVALS, AND EMISSION
 DIVESTMENTS, OR OTHERWISE RELIES ON VAST AMOUNTS OF OFFSETS; OR
   (III) IS NOT SUBSTANTIATED BY A COMPANY PLAN OR ACTION.
   3. IF AN ACTION IS BROUGHT UNDER THIS SECTION ALLEGING  AN  UNLAWFULLY
 DECEPTIVE  ACT  OR  PRACTICE  DESCRIBED IN THIS SECTION, IT SHALL NOT BE
 REQUIRED THAT THE PERSON WHO BROUGHT SUCH ACTION SUFFERED ANY ASCERTAIN-
 ABLE LOSS AS A RESULT OF THE USE OR EMPLOYMENT OF SUCH UNLAWFULLY DECEP-
 TIVE ACT OR PRACTICE.
   § 2. This act shall take effect immediately.