CHAPTER 17. ENVIRONMENTAL MARKETING CLAIMS
IC 24-5-17
Chapter 17. Environmental Marketing Claims
IC 24-5-17-1
Policy
Sec. 1. It is the policy of the state to discourage deceptiveenvironmental advertising claims.
As added by P.L.13-1991, SEC.2.
IC 24-5-17-2
Application of chapter; violations
Sec. 2. (a) This chapter applies to a person who represents inadvertising or on the label or package of a consumer good that theconsumer good the person manufactures or distributes, or itspackage, is not harmful to or is beneficial to the natural environmentby terms such as the following:
(1) Environmental choice.
(2) Ecologically, earth, or environmentally friendly.
(3) Ecologically or environmentally sound.
(4) Ecologically or environmentally safe.
(5) Environmentally "lite".
(6) Green product.
(7) Any term or terms similar to the other terms listed in thischapter.
(b) It is a violation of this chapter for any person to represent thatany consumer good which the person manufactures or distributes orits package is "ozone friendly", "biodegradable", "compostable","photodegradable", "recyclable", or "recycled" unless that consumergood or its package meets the definitions contained in this chapter ormeets definitions established in trade regulations or guides adoptedby the Federal Trade Commission or in enforceable regulationsadopted by another federal agency expressly for the purpose ofestablishing standards for environmental advertising orrepresentations.
As added by P.L.13-1991, SEC.2.
IC 24-5-17-3
"Biodegradable" defined
Sec. 3. As used in this chapter, "biodegradable" means thatmaterial has the proven capability to decompose in less than one (1)year in the most common environment where the material is usuallydisposed through natural biological processes into nontoxiccarbonaceous soil, water, or carbon dioxide.
As added by P.L.13-1991, SEC.2.
IC 24-5-17-4
"Compostable" defined
Sec. 4. As used in this chapter, "compostable" means that materialwill decompose into a soil-like material in less than one (1) yearunder controlled biological circumstances.As added by P.L.13-1991, SEC.2.
IC 24-5-17-5
"Consumer goods" defined
Sec. 5. As used in this chapter, "consumer goods" means an articlethat is used or bought for use primarily for personal, family, orhousehold purposes.
As added by P.L.13-1991, SEC.2.
IC 24-5-17-6
"Ozone friendly" defined
Sec. 6. As used in this chapter, "ozone friendly" or any similarterm that connotes that stratospheric ozone is not being depletedthrough use or production of the product means that a chemical ormaterial released into the environment as a result of the use orproduction of a product will not migrate to the stratosphere and causeunnatural and accelerated deterioration of ozone.
As added by P.L.13-1991, SEC.2.
IC 24-5-17-7
"Package" defined
Sec. 7. As used in this chapter, "package" means the coating,covering, container, or wrapping used during a product's life cycle,including any outer container, wrapping, or label used in the retaildisplay of any consumer goods.
As added by P.L.13-1991, SEC.2.
IC 24-5-17-8
"Photodegradable" defined
Sec. 8. As used in this chapter, "photodegradable" means thatmaterial has the proven capability to decompose within one (1) yearinto nontoxic carbonaceous soil, water, or carbon dioxide in the mostcommon environment where the material is usually disposed throughphysical processes such as exposure to heat and light.
As added by P.L.13-1991, SEC.2.
IC 24-5-17-9
"Recyclable" defined
Sec. 9. As used in this chapter, "recyclable" means that a materialor product can be redeemed or returned at an identifiable recyclinglocation for the purpose of returning the material to the economicmainstream in the form of raw material for new, reused, orreconstituted materials which meet quality standards necessary to beused in the marketplace.
As added by P.L.13-1991, SEC.2.
IC 24-5-17-10
"Recycled" defined
Sec. 10. As used in this chapter, "recycled" means that an articlecontains at least ten percent (10%) by weight of postconsumer or
post manufacture material.
As added by P.L.13-1991, SEC.2.
IC 24-5-17-11
Representations; determination of initiation
Sec. 11. For purposes of this chapter, a wholesaler or retailer isnot considered to have made a representation if the wholesaler orretailer does not initiate a representation by placing therepresentation on a package.
As added by P.L.13-1991, SEC.2.
IC 24-5-17-12
Representation's validity; information and documentationrequirements
Sec. 12. A person shall maintain in written form in the person'srecords the following information and documentation supporting thevalidity of the representation:
(1) The reasons why the person believes the representation to betrue.
(2) Any significant adverse environmental impacts directlyassociated with the production, distribution, use, or disposal ofthe consumer good.
(3) Any measures that the person has taken to reduce theenvironmental impacts directly associated with the production,distribution, and disposal of the consumer good.
(4) Any violations of federal, state, or local permits directlyassociated with the production or distribution of the consumergood.
(5) Whether the consumer good is recycled, recyclable,biodegradable, photodegradable, compostable, or ozonefriendly.
As added by P.L.13-1991, SEC.2.
IC 24-5-17-13
Disclosure requirements
Sec. 13. Upon the written request of the department ofenvironmental management established by IC 13-13-1-1 or the officeof the attorney general created under IC 4-6-1-2, a person shall fullydisclose to the requesting office, within the limits of all applicablelaws, the information and documentation maintained by the personunder section 12 of this chapter. The requesting office shall make theinformation and documentation disclosed under this section availablefor public inspection and copying at its offices.
As added by P.L.13-1991, SEC.2. Amended by P.L.1-1996, SEC.79.
IC 24-5-17-14
Violations; penalties; claims for damages
Sec. 14. (a) A person who knowingly violates this chaptercommits a deceptive act that is subject to remedies and penaltiesunder IC 24-5-0.5. (b) A person who suffers actual damages from a violation of thisact may bring an action to recover the actual damage plus attorney'sfees.
As added by P.L.13-1991, SEC.2.