New Mexico Administrative Code
Title 12 - TRADE, COMMERCE AND BANKING
Chapter 2 - CONSUMER PROTECTION
Part 5 - REQUIREMENTS FOR ENVIRONMENTAL MARKETING CLAIMS
Section 12.2.5.15 - GENERAL ENVIRONMENTAL BENEFIT CLAIMS
Current through Register Vol. 35, No. 18, September 24, 2024
A. It is an unfair or deceptive trade practice to misrepresent directly or by implication that a product or package offers a general environmental benefit.
B. Comment: Unqualified general claims of environmental benefit are difficult to interpret and, depending on their context, may have a wide range of meanings to consumers. Such claims may convey that a product or package has specific and far-reaching environmental benefits when it does not. Every express and material implied claim that a general assertion conveys to reasonable consumers about an objective quality must be substantiated. Unless this substantiation duty can be met, broad environmental claims must either be avoided or qualified, as necessary, to prevent deception about the specific nature of the environmental benefit being asserted.
