LegAlert 20

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no. 20 - September 11, 1995

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BILL TO REPEAL CALIFORNIA'S ENVIRONMENTAL ADVERTISING LAW PASSES LEGISLATURE

Fate of state standards now rests with Governor Wilson

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A measure that would replace California standards for "green labelling" with
vague Federal Trade Commission guidelines has cleared both houses of the state
Legislature and now awaits action by Governor Pete Wilson.

Senate Bill 426 by Tim Leslie (R-Carnelian Bay) repeals the Sierra
Club-sponsored "Truth in Environmental Advertising" law. This law requires
that manufacturers meet clearly defined minimum standards to advertise their
product or packaging as "recycled," "ozone friendly" or "biodegradable."
Specifically, the term "recycled" cannot be used unless the product or package
meets a minimum standard of 10% post-consumer content. SB 426 would repeal
these standards which have served to protect consumers from false claims made
by manufacturers and advertisers.

Under this measure, California consumers would have to depend on
less-stringent Federal Trade Commission guidelines for protection from false
claims. Not only do these guidelines not carry force of law, they are
currently under review, so nobody knows what they will look like after January
1, 1996.

California's Truth in Environmental Advertising law has been successful in
curbing the misuse of the terms "recycled," "ozone friendly" and
"biodegradable," as well as blatant use of false environmental claims by
product makers and advertisers. The motive behind the sponsors of SB 426 is to
allow products that contain zero post-consumer recycled content to be labeled
"recycled." These manufacturers want to paint themselves "green" without
helping to create markets for waste paper collected for recycling.

Status - SB 426 is on the Governor's desk. He has until October 15 to act on
the bill.

Action Needed - Contact Governor Wilson's office and urge him to preserve
California's "Truth in Environmental Advertising" law by vetoing SB 426. Why
would Governor Wilson veto this bill?

* He does not like to defer authority to the Federal Government.
* Environmental labelling is a national environmental and consumer issue
-- one where Wilson's California has a better record than Clinton's Federal
Trade Commission.

Call or write today!

Governor Pete Wilson
1st Floor State Capitol
Sacramento, CA 95814
(916) 445-2841

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