New Mexico Administrative Code › Title 12 - TRADE, COMMERCE AND BANKING › Chapter 2 - CONSUMER PROTECTION › Part 5 - REQUIREMENTS FOR ENVIRONMENTAL MARKETING CLAIMS › Section 12.2.5.6 - OBJECTIVE

Current through Register Vol. 35, No. 13, July 16, 2024
A. These
				regulations are intended to accomplish two principal objectives. The first is
				to deter unfair and deceptive practices that result in economic harm to
				consumers. The second is to encourage fair competition by providing clear legal
				standards for environmental marketing claims to facilitate compliance with and
				enforcement of the law.
B. In
				recent years consumers have increasingly made purchasing decisions based upon
				their perception of the environmental attributes and benefits of various
				products and packaging. Similarly, persons marketing products and packaging
				have increasingly made reference to the environmental attributes and benefits
				of their products and packaging in advertising and sales
				presentations.
C. Unlike some other
				kinds of advertising, environmental marketing claims are difficult, if not
				impossible, for consumers to evaluate on their own. Scientific testing is
				normally required to determine whether an environmental marketing claim is
				true. Consumers are not in a position to make independent evaluations of such
				claims. Regulations are needed to ensure that advertising and sales practices
				are not unfair or deceptive, that such practices conform to legitimate consumer
				expectations and that all marketers and advertisers are placed on an equal
				competitive footing. The attorney general has therefore concluded that
				regulation of environmental marketing claims is in the public interest and will
				promote the health, safety and general welfare of the citizens of New
				Mexico.
D. These regulations
				provide a basis for evaluating environmental marketing claims. They reflect
				provisions of New Mexico law, but do not necessarily cover every possible
				deceptive marketing practice. Therefore, it is not intended that literal
				compliance with these regulations be an absolute protection against liability
				for deceptive environmental marketing claims. Marketers and advertisers must
				review their environmental marketing claims in light of the purpose of the
				regulations.
E. The federal trade
				commission has promulgated Guides for the Use of Environmental Marketing
				Claims. See, 16 C.F.R. 260. These guides apply to such claims in or affecting
				commerce. To the extent possible, these regulations follow the federal trade
				commission's guides both out of deference to the legislative directive that
				interpretation of the Unfair Practices Act be guided by the commission's
				interpretations and to reduce the burden on business by avoiding conflicting
				regulatory requirements.
F. Before
				promulgating these regulations, notice of the proposed action was published on
				January 15, 1994 in the New Mexico Register, Volume V, No. 1, pursuant to AG
				92-3-1.3(A) [now 12.2.1.9 NMAC], and a public hearing was held on March 2, 1994
				in Santa Fe. All comments received during the hearing were considered in the
				revision of the regulations finally promulgated. Representatives of the New
				Mexico grocers association, the general services department of the state of New
				Mexico, New Mexico PIRG, the New Mexico environment department and the owner of
				a diaper service testified at the hearing. This office also solicited written
				comments on the regulations. Twelve written comments were received reflecting
				the views of a variety of business interests, government agencies and New
				Mexico PIRG. All comments received were considered.