Most of Law on ‘Green Ads’ Upheld

A federal judge has upheld most of California’s “green advertising” law limiting ads’ environmental claims, but ruled that standards for “recyclable” products were too vague.

The 1990 law, the first in the nation, was enacted in response to a flurry of advertising campaigns touting products as being ecologically benign. It prohibits ads from using such terms as biodegradable , ozone-friendly and recycled unless they meet certain standards.

In a ruling made public Thursday, U.S. District Judge Marilyn Hall Patel said the state was entitled to set such standards to protect consumers from potentially deceptive claims and to protect the environment.

But she struck down one portion of the law that prohibits advertisers from calling a product “recyclable” unless it can be “conveniently recycled” in each of the state’s 21 most populous counties, those with 300,000 or more people.

Patel said the law fails to define “conveniently,” leaving advertisers unsure whether the standard would be met if a county had only one recycling center open for only a brief period.