An Act relative to greenwashing in recycling

1 of 1 HOUSE DOCKET, NO. 2793 FILED ON: 1/16/2025 HOUSE . . . . . . . . . . . . . . . No. 457 The Commonwealth of Massachusetts _________________ PRESENTED BY: David M. Rogers _________________ To the Honorable Senate and House of Representatives of the Commonwealth of Massachusetts in General Court assembled: The undersigned legislators and/or citizens respectfully petition for the adoption of the accompanying bill: An Act relative to greenwashing in recycling. _______________ PETITION OF: NAME: DISTRICT/ADDRESS: DATE ADDED: David M. Rogers 24th Middlesex 1/16/2025 1 of 3 HOUSE DOCKET, NO. 2793 FILED ON: 1/16/2025 HOUSE . . . . . . . . . . . . . . . No. 457 By Representative Rogers of Cambridge, a petition (accompanied by bill, House, No. 457) of David M. Rogers for legislation to further regulate the packaging of consumer goods that contain deceptive or misleading claims about the recyclability of the product or packaging. Consumer Protection and Professional Licensure. [SIMILAR MATTER FILED IN PREVIOUS SESSION SEE HOUSE, NO. 4926 OF 2023-2024.] The Commonwealth of Massachusetts _______________ In the One Hundred and Ninety-Fourth General Court (2025-2026) _______________ An Act relative to greenwashing in recycling. Be it enacted by the Senate and House of Representatives in General Court assembled, and by the authority of the same, as follows: 1 SECTION 1. The General Laws, as appearing in the 2022 Official Edition, are hereby 2 amended by inserting after chapter 93L the following new chapter:- 3 Chapter 93M. Environmental Marketing 4 Section 1. (a) For the purposes of this section the following terms shall, unless the 5 context clearly requires otherwise, have the following meanings: 6 “Chasing arrows symbol” or “triangle of arrows”, an equilateral triangle, formed by 3 7 arrows curved at their midpoints, depicting a clockwise path, with a short gap separating the 2 of 3 8 apex of each arrow from the base of the adjacent arrow, and versions of that symbol that are 9 likely to be interpreted as implying recyclability. 10 “Person”, includes a corporation, trust, partnership, retailer, wholesaler or other business 11 or legal entity. 12 (b) No person shall represent, in advertising or on the packaging of a consumer good that 13 it manufactures or distributes, a deceptive or misleading claim about the recyclability of a 14 product or packaging. 15 (c) Whoever represents in advertising or on the packaging of a consumer good that the 16 consumer good is not harmful to, or is beneficial to, the natural environment, through the use of 17 such terms as “biodegradable”, “compostable”, “earth-friendly”, “eco”, “ecologically friendly”, 18 “environmentally safe”, “green product”, “recyclable” or any other like term, or through the use 19 of the chasing arrows symbol or by otherwise directing a consumer to recycle the consumer 20 good, shall maintain in writing all of the following information and documentation: 21 (i) an attestation that the product is recyclable in the commonwealth; 22 (ii) any significant adverse environmental impacts directly associated with the 23 production, distribution, use and disposal of the consumer good and any measures taken by the 24 company to reduce these impacts; and 25 (iii) whether, if applicable, the consumer good conforms with the uniform standards 26 contained in the Federal Trade Commission Guides for the Use of Environmental Marketing 27 Claims. 3 of 3 28 (d) The company shall furnish the information and documentation maintained pursuant to 29 this section to the department of environmental protection or the office of the attorney general 30 upon request. 31 (e) A wholesaler or retailer who does not initiate a representation by advertising or by 32 placing the representation on a package shall not be deemed to have made the representation. 33 (f) If a product or packaging contains multiple material types, a chasing arrows symbol or 34 statement indicating recyclability may be displayed on the components that are recyclable in the 35 commonwealth; provided, that the packaging makes it clear which other components of the 36 product or packaging are not recyclable. 37 (g) Displaying a chasing arrows symbol or otherwise directing a consumer to recycle a 38 consumer good shall not be considered misleading if the consumer good is: (i) required by any 39 law or regulation to display a chasing arrows symbol; or (ii) a plastic bottle or rigid plastic 40 container that complies with the requirements of section 323A of chapter 94. 41 Section 2. The attorney general shall have exclusive authority to enforce the provisions 42 of this chapter. Each violation of this chapter shall be punished by a civil fine not to exceed 43 $1,000 per violation. The attorney may also seek injunctive relief to prevent further violations of 44 this chapter. 45 SECTION 2. This act shall take effect 1 year after passage.