Assembly Actions -
Lowercase Senate Actions - UPPERCASE |
|
---|---|
Aug 14, 2024 |
referred to rules |
Senate Bill S9889
2023-2024 Legislative Session
Sponsored By
(D, WF) 48th Senate District
Current Bill Status - In Senate Committee Rules Committee
- Introduced
-
- In Committee Assembly
- In Committee Senate
-
- On Floor Calendar Assembly
- On Floor Calendar Senate
-
- Passed Assembly
- Passed Senate
- Delivered to Governor
- Signed By Governor
Actions
2023-S9889 (ACTIVE) - Details
- Current Committee:
- Senate Rules
- Law Section:
- General Business Law
- Laws Affected:
- Add §349-h, Gen Bus L
2023-S9889 (ACTIVE) - Sponsor Memo
BILL NUMBER: S9889 SPONSOR: MAY TITLE OF BILL: An act to amend the general business law, in relation to unlawfully deceptive acts or practices regarding environmental marketing claims PURPOSE OR GENERAL IDEA OF BILL: Prohibits greenwashing of marketing claims, where companies use untruth- ful, deceptive, or misleading claims to sell environmentally- friendly products and services. SUMMARY OF PROVISIONS: Amends the general business law by adding a new section, 349-h. Section one defines terms used in the bill. Section two prohibits marketing environmental claims that are mislead-
2023-S9889 (ACTIVE) - Bill Text download pdf
S T A T E O F N E W Y O R K ________________________________________________________________________ 9889 I N S E N A T E 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: 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 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: EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets [ ] is old law to be omitted.
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