(a) It is unlawful for a person to make an untruthful, deceptive, or misleading environmental marketing claim, whether explicit or implied. For the purpose of this section, âenvironmental marketing claimâ shall include any claim contained in the âGuides for the Use of Environmental Marketing Claimsâ published by the Federal Trade Commission. (b) (1) It shall be a defense to any suit or complaint brought under this section that the personâs environmental marketing claims conform to the standards or are consistent with the examples contained in the âGuides for the Use of Environmental Marketing Claimsâ published by the Federal Trade Commission. (2) Paragraph (1) does not apply to either of the following: (A) Claims for violations of subdivision (d) of Section 18015 of the Public Resources Code. (B) Claims for violations of paragraph (1) of subdivision (b) of Section 42355.51 of the Public Resources Code.
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