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 deceptive
environmental 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 in
advertising or on the label or package of a consumer good that the
consumer good the person manufactures or distributes, or its
package, is not harmful to or is beneficial to the natural environment
by 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 this
chapter.
(b) It is a violation of this chapter for any person to represent that
any consumer good which the person manufactures or distributes or
its package is "ozone friendly", "biodegradable", "compostable",
"photodegradable", "recyclable", or "recycled" unless that consumer
good or its package meets the definitions contained in this chapter or
meets definitions established in trade regulations or guides adopted
by the Federal Trade Commission or in enforceable regulations
adopted by another federal agency expressly for the purpose of
establishing standards for environmental advertising or
representations. 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 that
material has the proven capability to decompose in less than one (1)
year in the most common environment where the material is usually
disposed through natural biological processes into nontoxic
carbonaceous 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 material
will decompose into a soil-like material in less than one (1) year
under 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 article
that is used or bought for use primarily for personal, family, or
household 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 similar
term that connotes that stratospheric ozone is not being depleted
through use or production of the product means that a chemical or
material released into the environment as a result of the use or
production of a product will not migrate to the stratosphere and cause
unnatural 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 retail
display 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 that
material has the proven capability to decompose within one (1) year
into nontoxic carbonaceous soil, water, or carbon dioxide in the most
common environment where the material is usually disposed through
physical 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 material
or product can be redeemed or returned at an identifiable recycling
location for the purpose of returning the material to the economic
mainstream in the form of raw material for new, reused, or
reconstituted materials which meet quality standards necessary to be
used 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 article
contains 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 is
not considered to have made a representation if the wholesaler or
retailer does not initiate a representation by placing the
representation on a package. As added by P.L.13-1991, SEC.2.
IC 24-5-17-12 Representation's validity; information and documentation
requirements
Sec. 12. A person shall maintain in written form in the person's
records the following information and documentation supporting the
validity of the representation:
(1) The reasons why the person believes the representation to be
true.
(2) Any significant adverse environmental impacts directly
associated with the production, distribution, use, or disposal of
the consumer good.
(3) Any measures that the person has taken to reduce the
environmental impacts directly associated with the production,
distribution, and disposal of the consumer good.
(4) Any violations of federal, state, or local permits directly
associated with the production or distribution of the consumer
good.
(5) Whether the consumer good is recycled, recyclable,
biodegradable, photodegradable, compostable, or ozone
friendly. 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 of
environmental management established by IC 13-13-1-1 or the office
of the attorney general created under IC 4-6-1-2, a person shall fully
disclose to the requesting office, within the limits of all applicable
laws, the information and documentation maintained by the person
under section 12 of this chapter. The requesting office shall make the
information and documentation disclosed under this section available
for 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 chapter
commits a deceptive act that is subject to remedies and penalties
under IC 24-5-0.5.
(b) A person who suffers actual damages from a violation of this
act may bring an action to recover the actual damage plus attorney's
fees. As added by P.L.13-1991, SEC.2.
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 deceptive
environmental 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 in
advertising or on the label or package of a consumer good that the
consumer good the person manufactures or distributes, or its
package, is not harmful to or is beneficial to the natural environment
by 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 this
chapter.
(b) It is a violation of this chapter for any person to represent that
any consumer good which the person manufactures or distributes or
its package is "ozone friendly", "biodegradable", "compostable",
"photodegradable", "recyclable", or "recycled" unless that consumer
good or its package meets the definitions contained in this chapter or
meets definitions established in trade regulations or guides adopted
by the Federal Trade Commission or in enforceable regulations
adopted by another federal agency expressly for the purpose of
establishing standards for environmental advertising or
representations. 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 that
material has the proven capability to decompose in less than one (1)
year in the most common environment where the material is usually
disposed through natural biological processes into nontoxic
carbonaceous 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 material
will decompose into a soil-like material in less than one (1) year
under 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 article
that is used or bought for use primarily for personal, family, or
household 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 similar
term that connotes that stratospheric ozone is not being depleted
through use or production of the product means that a chemical or
material released into the environment as a result of the use or
production of a product will not migrate to the stratosphere and cause
unnatural 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 retail
display 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 that
material has the proven capability to decompose within one (1) year
into nontoxic carbonaceous soil, water, or carbon dioxide in the most
common environment where the material is usually disposed through
physical 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 material
or product can be redeemed or returned at an identifiable recycling
location for the purpose of returning the material to the economic
mainstream in the form of raw material for new, reused, or
reconstituted materials which meet quality standards necessary to be
used 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 article
contains 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 is
not considered to have made a representation if the wholesaler or
retailer does not initiate a representation by placing the
representation on a package. As added by P.L.13-1991, SEC.2.
IC 24-5-17-12 Representation's validity; information and documentation
requirements
Sec. 12. A person shall maintain in written form in the person's
records the following information and documentation supporting the
validity of the representation:
(1) The reasons why the person believes the representation to be
true.
(2) Any significant adverse environmental impacts directly
associated with the production, distribution, use, or disposal of
the consumer good.
(3) Any measures that the person has taken to reduce the
environmental impacts directly associated with the production,
distribution, and disposal of the consumer good.
(4) Any violations of federal, state, or local permits directly
associated with the production or distribution of the consumer
good.
(5) Whether the consumer good is recycled, recyclable,
biodegradable, photodegradable, compostable, or ozone
friendly. 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 of
environmental management established by IC 13-13-1-1 or the office
of the attorney general created under IC 4-6-1-2, a person shall fully
disclose to the requesting office, within the limits of all applicable
laws, the information and documentation maintained by the person
under section 12 of this chapter. The requesting office shall make the
information and documentation disclosed under this section available
for 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 chapter
commits a deceptive act that is subject to remedies and penalties
under IC 24-5-0.5.
(b) A person who suffers actual damages from a violation of this
act may bring an action to recover the actual damage plus attorney's
fees. As added by P.L.13-1991, SEC.2.
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 deceptive
environmental 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 in
advertising or on the label or package of a consumer good that the
consumer good the person manufactures or distributes, or its
package, is not harmful to or is beneficial to the natural environment
by 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 this
chapter.
(b) It is a violation of this chapter for any person to represent that
any consumer good which the person manufactures or distributes or
its package is "ozone friendly", "biodegradable", "compostable",
"photodegradable", "recyclable", or "recycled" unless that consumer
good or its package meets the definitions contained in this chapter or
meets definitions established in trade regulations or guides adopted
by the Federal Trade Commission or in enforceable regulations
adopted by another federal agency expressly for the purpose of
establishing standards for environmental advertising or
representations. 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 that
material has the proven capability to decompose in less than one (1)
year in the most common environment where the material is usually
disposed through natural biological processes into nontoxic
carbonaceous 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 material
will decompose into a soil-like material in less than one (1) year
under 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 article
that is used or bought for use primarily for personal, family, or
household 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 similar
term that connotes that stratospheric ozone is not being depleted
through use or production of the product means that a chemical or
material released into the environment as a result of the use or
production of a product will not migrate to the stratosphere and cause
unnatural 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 retail
display 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 that
material has the proven capability to decompose within one (1) year
into nontoxic carbonaceous soil, water, or carbon dioxide in the most
common environment where the material is usually disposed through
physical 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 material
or product can be redeemed or returned at an identifiable recycling
location for the purpose of returning the material to the economic
mainstream in the form of raw material for new, reused, or
reconstituted materials which meet quality standards necessary to be
used 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 article
contains 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 is
not considered to have made a representation if the wholesaler or
retailer does not initiate a representation by placing the
representation on a package. As added by P.L.13-1991, SEC.2.
IC 24-5-17-12 Representation's validity; information and documentation
requirements
Sec. 12. A person shall maintain in written form in the person's
records the following information and documentation supporting the
validity of the representation:
(1) The reasons why the person believes the representation to be
true.
(2) Any significant adverse environmental impacts directly
associated with the production, distribution, use, or disposal of
the consumer good.
(3) Any measures that the person has taken to reduce the
environmental impacts directly associated with the production,
distribution, and disposal of the consumer good.
(4) Any violations of federal, state, or local permits directly
associated with the production or distribution of the consumer
good.
(5) Whether the consumer good is recycled, recyclable,
biodegradable, photodegradable, compostable, or ozone
friendly. 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 of
environmental management established by IC 13-13-1-1 or the office
of the attorney general created under IC 4-6-1-2, a person shall fully
disclose to the requesting office, within the limits of all applicable
laws, the information and documentation maintained by the person
under section 12 of this chapter. The requesting office shall make the
information and documentation disclosed under this section available
for 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 chapter
commits a deceptive act that is subject to remedies and penalties
under IC 24-5-0.5.
(b) A person who suffers actual damages from a violation of this
act may bring an action to recover the actual damage plus attorney's
fees. As added by P.L.13-1991, SEC.2.
