HB 601-FN introduces comprehensive changes to the regulation of environmental marketing claims, establishing a private cause of action and criminal penalties for businesses that misrepresent the environmental impacts of their products or services. The bill adds new definitions, including "environmental marketing claim," "net zero claim," "paltering," and "reputational advertising," to clarify the types of misleading claims that can be prosecuted. It specifies that making untruthful environmental marketing claims is unlawful and outlines the criteria such claims must meet to avoid being deemed misleading. Additionally, the bill amends existing laws to ensure that exemptions for certain types of trade do not apply to misleading claims and allows individuals to bring actions against companies without needing to demonstrate specific losses.

Furthermore, the bill establishes a legal framework for civil actions related to climate disasters and extreme weather events attributable to climate change, defining "harmed parties" and "responsible parties." It allows harmed parties to bring civil actions against responsible parties, with a statute of limitations of three years from the date the harm commenced. The bill outlines enforcement mechanisms, specifies defenses that cannot be used by defendants, and clarifies that it does not limit the enforceability of other laws related to climate disasters. Importantly, it maintains that state laws regarding greenhouse gas emissions remain unaffected and does not provide funding for its implementation, with the fiscal impact being indeterminable. The bill is set to take effect on January 1, 2026.

Statutes affected:
Introduced: 358-A:1, 358-A:2, 358-A:3, 358-A:10, 358-A:13