New Mexico Administrative Code
Title 12 - TRADE, COMMERCE AND BANKING
Chapter 2 - CONSUMER PROTECTION
Part 5 - REQUIREMENTS FOR ENVIRONMENTAL MARKETING CLAIMS
Section 12.2.5.7 - DEFINITIONS
Current through Register Vol. 35, No. 18, September 24, 2024
A. As used in these regulations, the term "environmental marketing claim" means any representation about the environmental attributes of a product or a package made in connection with the advertising, marketing, offer for sale or sale of such product or package.
B. As used in these regulations, the term "prior reasonable basis" means such competent and reliable evidence as would satisfy a reasonable and prudent businessperson, acting in good faith, that the environmental marketing claim is true. In general, environmental marketing claims must be supported by competent and reliable scientific evidence, and the prior reasonable basis for an environmental marketing claim must be based on such evidence. For any test, analysis, research, study or other evidence to be "competent and reliable" for the purposes of these regulations, it must be conducted and evaluated in an objective manner by persons qualified to do so, using procedures generally accepted in the profession to yield accurate and reliable results.
