Recycled content claims

(a) Prohibition A person may not— (1) advertise, market, sell, or offer for sale a product to a consumer using a misleading recycled content claim; or (2) market fuels produced and sold as an end product as recycled content. (b) Guidance (1) Update to green guides Not later than 1 year after the date of the enactment of this Act, the Commission shall update the Guides for the Use of Environmental Marketing Claims issued by the Federal Trade Commission (part 260 of title 16, Code of Federal Regulations) (commonly known as the Green Guides) to ensure that the Green Guides are consistent with and reflect the definitions, standards, and authorizations established under this Act. (2) Additional guidance The Commission shall issue guidance that establishes the following: (A) Mass balance accounting as an acceptable method for substantiating a recycled content claim, if— (i) the use of mass balance accounting complies with the requirements of a third-party certification system; and (ii) any representation about mass balance accounting with respect to a recycled content claim is based on competent and reliable scientific evidence and presented in a manner that is not misleading. (B) A clear and consistent framework with respect to a recycled content claim, establishing that a person can advertise, market, sell, or offer for sale a product using an accurate recycled content claim. (3) Limitations (A) No conferring of rights or binding effect Any guidance issued by the Commission with respect to this section shall not confer any rights on any person nor shall such guidance operate to bind the Commission or any person to the approach recommended in such guidance. (B) Basis of enforcement actions In any enforcement action brought pursuant to this Act, the Commission shall allege a specific violation of a provision of this Act. The Commission shall not base an enforcement action on, or execute a consent order based on, practices that are alleged to be inconsistent with any guidance issued by the Commission with respect to this section.