It is enacted by the General Assembly as follows:
SECTION 1. Title 6 of the General Laws entitled "Commercial Law -- General Regulatory Provisions" is hereby amended by adding thereto the following chapter:
{ADD CHAPTER 13.3 ADD}
{ADD ENVIRONMENTAL MARKETING ACT ADD}{ADD 6-13.3-1. Declaration of policy. -- ADD} {ADD (1) It is the public policy of the state that environmental marketing claims, whether explicit or implied, must be substantiated by competent and reliable evidence so as not to deceive or mislead consumers about the environmental impact of products and packages.
(2) Accurate and useful information about the environmental impact of products and packages must be made available to consumers. The uniform standards for environmental marketing claims, as contained in the FTC guidelines for environmental marketing claims are hereby adopted by the state of Rhode Island. ADD}
{ADD 6-13.3-2. Deceptive environmental marketing claims. -- ADD} {ADD It is unlawful for any person, in the course of such person's business, vocation or occupation, to make any untruthful, deceptive or misleading environmental marketing claims about a product or package sold or offered for sale in this state. For the purposes of this chapter, "person" shall mean any individual, corporation, partnership or other legal entity. ADD}
{ADD 6-13.3-3. Remedies. -- ADD} {ADD (1) If the attorney general has probable cause to believe that a person is violating, or has violated section 6-13.3-2, the attorney general may bring suit in the name of the Rhode Island in the appropriate court to restrain such person from further violation of this act.
(2) Before filing a suit under subsection (1) of this section, the attorney general shall, in writing, notify the person charged with the alleged violation of the alleged unlawful conduct and the relief to be sought. No suit shall be brought by the attorney general until thirty (30) days after such notice.
(3) The court may award reasonable attorney fees at trial and on appeal to a prevailing party in a suit brought under this section. ADD}
{ADD 6-13.3-4. Defenses. -- ADD} {ADD It shall be a defense to any suit brought under this chapter that the person's environmental marketing claims conform to the standards or are consistent with the examples contained in the guides for use of environmental marketing claims published by the federal trade commission July 27, 1992. ADD}
SECTION 2. This act shall take effect upon passage.