Under existing law, it is unlawful for a person to make an untruthful, deceptive, or misleading environmental marketing claim, whether explicit or implied. A violation of this requirement is a misdemeanor.
This bill would, until January 1, 2032, establish a presumption in any suit or complaint brought under the above-described provision that a defendant's environmental marketing claim is valid if the defendant complies with specified disclosure requirements pertaining to voluntary carbon offsets and net zero emissions claims and the claim is based on the voluntary use of a carbon credit issued by a carbon crediting program that is (1) approved by the State Air Resources Board pursuant to specified regulations, (2) approved by the International Civil Aviation Organization to supply credits for a specified carbon offsetting scheme, or (3) meets other specified criteria and appears on a list published by the State Air Resources Board containing carbon crediting programs that satisfy those criteria.