New York A 4013: Relates to unlawfully deceptive acts or practices regarding environmental marketing claims

Bill Text

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A04013 Summary:

BILL NOA04013 

&nbsp

SAME ASSAME AS S00841

&nbsp

SPONSORSimone

&nbsp

COSPNSRGonzalez-Rojas, Kassay, Reyes, Meeks

&nbsp

MLTSPNSR

&nbsp

Add §349-h, Gen Bus L

&nbsp

Prohibits certain unlawfully deceptive acts or practices involving environmental marketing claims.

Go to top A04013 Actions:

BILL NOA04013 

&nbsp

01/30/2025referred to consumer affairs and protection

01/07/2026referred to consumer affairs and protection

Go to topA04013 Committee&nbspVotes:

Go to topA04013 Floor&nbspVotes:

There are no Assembly votes for this bill in this legislative session.

Go to topA04013 Text:

 STATE OF NEW YORK
 ________________________________________________________________________

 4013

 2025-2026 Regular Sessions

 IN ASSEMBLY

 January 30, 2025
 ___________

 Introduced by M. of A. SIMONE -- read once and referred to the Committee
 on Consumer Affairs and Protection

 AN ACT to amend the general business law, in relation to unlawfully
 deceptive acts or practices regarding environmental marketing claims

 The People of the State of New York, represented in Senate and Assem-
 bly, do enact as follows:

 1 Section 1. The general business law is amended by adding a new section
 2 349-h to read as follows:
 3 § 349-h. Unlawfully deceptive acts or practices involving environ-
 4 mental marketing claims. 1. For the purposes of this section, the
 5 following terms shall have the following meanings:
 6 (a) "Environmental marketing claim" means a representation about the
 7 environmental attribute, including climate impact, of a product or
 8 service in connection with the marketing, offering for sale, or sale of
 9 such product or service to the public. For purposes of this paragraph,
 10 the term "marketing" includes but is not limited to labeling, advertis-
 11 ing, promotional materials, and any other form of appeal to the public
 12 in any medium, whether asserted directly or by implication, through
 13 words, symbols, logos, depictions, product brand names, or other means.
 14 (b) "Net zero claim" means a representation that an entity has
 15 achieved an overall balance between greenhouse gas emissions produced
 16 and greenhouse gas emissions removed from the atmosphere.
 17 (c) "Paltering" means the use of a truthful statement relating to an
 18 industry, business, product, or service that creates an overall false,
 19 deceptive, or misleading impression or implication to the public that a
 20 specific benefit is significant when it is in fact negligible as to such
 21 industry, business, product, or service.
 22 (d) "Reputational advertising" means a representation to the public
 23 designed to create a perception of an industry, business, or brand by
 24 highlighting positive environmental qualities of or action taken by such

 EXPLANATION--Matter in italics (underscored) is new; matter in brackets
 [ ] is old law to be omitted.
 LBD01388-01-5

 A. 4013 2

 1 industry, business, or brand, regardless of whether such representation
 2 is made in connection with the sale of a good or service.
 3 2. The following are unlawfully deceptive acts or practices for the
 4 purposes of this article:
 5 (a) Making an untruthful, deceptive, or misleading environmental
 6 marketing claim, including, but not limited to:
 7 (i) engaging in paltering that misleads or deceives consumers as to
 8 the overall environmental impact of an industry, business, product, or
 9 service; or
 10 (ii) engaging in reputational advertising that misleads or deceives
 11 consumers as to the overall environmental impact of an industry, busi-
 12 ness, product, or service; and
 13 (b) Making an untruthful, deceptive, or misleading net zero claim,
 14 including, but not limited to, a claim that:
 15 (i) does not clearly identify the covered portion of an entity's emis-
 16 sion portfolio and value chain, including all greenhouse gas emissions,
 17 all emission scopes, and all joint ventures, subsidiaries, and specific
 18 product categories;
 19 (ii) does not distinguish between a business's emission reductions,
 20 post-emission compensation, both offsets and removals, and emission
 21 divestments, or otherwise relies on vast amounts of offsets; or
 22 (iii) is not substantiated by a company plan or action.
 23 3. If an action is brought under this section alleging an unlawful