Federal guidance would accept certified accounting for recycled content claims

The Federal Trade Commission would recognize mass balance accounting in nonbinding guidance. This method assigns amounts of recycled material used in production to finished products. Independent certification must account for processing losses and prevent crediting more recycled material than was used. Statements about the accounting must have reliable scientific support and must not mislead. The agency would update its environmental marketing guide within one year after enactment.

The Federal Trade Commission would enforce restrictions on recycled content marketing using its consumer protection powers and penalties. Misleading recycled content claims would be barred for products sold or marketed to consumers. Fuels produced and sold as end products could not be marketed as recycled content. Cases under this bill would require a specific legal violation and could not rest on failure to follow guidance.

States and local governments could not keep, adopt, or enforce laws related to the bill’s recycled content bans and enforcement rules. The bill’s federal standards would apply only to matters it specifically addresses.