Senate Votes to Scrap ‘Green Marketing’ Law

The state Senate on Tuesday voted to repeal California’s landmark “green marketing” law, which regulates advertising claims made on behalf of products billed as environmentally friendly.

On a 21-16 vote, the Senate approved a bill by state Sen. Tim Leslie (R-Carnelian Bay) that would overturn the law, which sets minimum standards for goods described with such terms as “biodegradable” and “recycled.” The bill now moves to the Assembly, where its fate is unclear.

Adopted by the Legislature in 1990, the law was designed to rein in manufacturers making false claims about the eco-friendly nature of their products. California was the first state to adopt such a law, which inspired similar statutes in other states.

Industry groups have sought to overturn the law in court, claiming it infringes on their 1st Amendment rights. But two courts have upheld the statute, with one appellate justice writing that it “increases consumer knowledge . . . and discourages exploitation and deception of the growing ‘green market.’ ”

Leslie’s bill would scrap the state’s truth-in-advertising standards and substitute guidelines established in 1992 by the Federal Trade Commission. Leslie said that change would lead to stricter enforcement against manufacturers who falsely label their diapers, trash bags or other products as environmentally benign. But critics disagree, noting that the FTC guidelines are voluntary and do not carry the force of law.