New York 2025-2026 Regular Session

New York Assembly Bill A04013

Introduced
1/30/25  
Refer
1/30/25  

Caption

Prohibits certain unlawfully deceptive acts or practices involving environmental marketing claims.

Summary

This bill would add a new section to New York’s General Business Law to prohibit certain deceptive environmental marketing practices. It defines key terms such as “environmental marketing claim,” “net zero claim,” “paltering,” and “reputational advertising,” and makes it an unlawful deceptive act or practice to make environmental claims that are untruthful, misleading, or deceptive. The bill specifically targets claims that misrepresent a product’s, service’s, or business’s environmental impact, including claims that overstate climate benefits or create a misleading impression through selective or vague messaging. The bill also sets standards for net zero claims, requiring that such claims clearly identify the emissions covered, distinguish between reductions and offsets/removals, and be supported by a company plan or actual action. It further provides that a person bringing an action under this section would not need to show an ascertainable loss, which lowers the barrier for enforcement under the General Business Law’s consumer protection framework. The act would take effect immediately upon enactment.

Impact

The bill would amend the General Business Law by creating a new consumer protection provision aimed at greenwashing and misleading climate-related advertising. It would expose businesses, advertisers, and other entities making environmental claims in New York to liability under state deceptive practices law, including claims made in labeling, advertising, promotional materials, and broader public-facing reputation campaigns. It would also expand the practical reach of enforcement by allowing claims without proof of ascertainable loss, potentially increasing private litigation and regulatory scrutiny over environmental and net-zero representations.

Sentiment

Based on the bill text and the absence of recorded committee debate or votes, the available context suggests a generally consumer-protection and climate-accountability oriented measure. The bill’s framing indicates support for clearer, more truthful environmental advertising and skepticism toward vague or unsupported sustainability claims. No contrary positions are documented in the provided materials, so there is no recorded legislative opposition or support to characterize beyond the bill’s apparent policy intent.

Contention

The main point of contention likely concerns how broadly the bill would regulate environmental and climate-related marketing, especially terms like “paltering,” “reputational advertising,” and “net zero claim,” which could be interpreted expansively. Businesses and industry groups may object that the standards are difficult to apply, could chill legitimate sustainability messaging, or create litigation risk for claims involving offsets, emissions accounting, or aspirational climate goals. Supporters would likely emphasize that the bill is needed to prevent greenwashing and to ensure consumers are not misled by vague or exaggerated environmental claims.

Companion Bills

NY S00841

Same As Prohibits certain unlawfully deceptive acts or practices involving environmental marketing claims.

Previously Filed As

NY S00841

Prohibits certain unlawfully deceptive acts or practices involving environmental marketing claims.

NY AB1911

Advertising: environmental marketing claims: carbon credits.

NY S350

Prohibits substance use disorder treatment providers from using deceptive marketing practices.

NY AB2253

An act to amend Section 42357.6 of the Public Resources Code, relating to solid waste.

NY HB4068

Environmental consumer protections; Oklahoma Truth in Environmental Marketing Act; terms; practices; recordkeeping and disclosure; enforcement; penalties; promulgation of rules; effective date.

NY HB1047

Veterans Benefits Claims Deceptive Trade Practices

NY S2891

Prohibits certain steering and marketing practices involving dispensing of prescription drugs and drug samples.

NY HB5144

Relating to prohibiting certain deceptive trade practices by businesses assisting veterans with Department of Veterans Affairs claims.

NY SB2968

Relating to prohibiting certain deceptive trade practices by businesses assisting veterans with Department of Veterans Affairs claims.

NY A11599

Prohibits anticompetitive and deceptive algorithmic pricing practices

Similar Bills

No similar bills found.