Environmental advertising: sunscreen., the official text

An act to add Section 17580.7 to the Business and Professions Code, relating to environmental advertising.

LEGISLATIVE COUNSEL'S DIGEST

Under existing law, it is unlawful for any person to make any untruthful, deceptive, or misleading environmental marketing claim, whether explicit or implied. A violation of this requirement is a misdemeanor.
This bill would make it unlawful for a person to represent in advertising or on the label or container of any sunscreen product, as specified, sold in the state, that the product is “reef safe,” “reef friendly,” “ocean safe,” “marine safe,” “ocean friendly,” “marine conscious,” “reef conscious,” or a similar term or phrase likely to cause a reasonable consumer to believe that the product does not harm marine ecosystems unless the product is free of chemical ultraviolet filters, as specified. A violation of the bill would be a misdemeanor. By creating a new crime, the bill would impose a state-mandated local program.
The California Constitution requires the state to reimburse local agencies and school districts for certain costs mandated by the state. Statutory provisions establish procedures for making that reimbursement.
This bill would provide that no reimbursement is required by this act for a specified reason.

The people of the State of California do enact as follows:

SECTION 1.
Section 17580.7 is added to the Business and Professions Code, to read:
17580.7.
(a) It is unlawful for a person to represent in advertising or on the label or container of any sunscreen product sold in the state that the product is “reef safe,” “reef friendly,” “ocean safe,” “marine safe,” “ocean friendly,” “marine conscious,” “reef conscious,” or a similar term or phrase likely to cause a reasonable consumer to believe that the product does not harm marine ecosystems unless the product does not contain any chemical ultraviolet filters, including, but not limited to, all of the following:
(1) Avobenzone (CAS 70356-09-1).
(2) Homosalate (CAS 118-56-9).
(3) Octinoxate (CAS 5466-77-3).
(4) Octisalate (CAS 118-60-5).
(5) Octocrylene (CAS 6197-30-4).
(6) Oxybenzone (CAS 131-57-7).
(b) For purposes of this section, “sunscreen product” includes any over-the-counter drug regulated by the United States Food and Drug Administration that is intended to protect users from ultraviolet radiation, including, but not limited to, lotions, sprays, sticks, gels, and solids.
(c) Nothing in this section shall imply a person is exempt from the requirements of Section 17580 or 17580.5 related to substantiation of environmental marketing claims.

SEC. 2.
No reimbursement is required by this act pursuant to Section 6 of Article XIII B of the California Constitution because the only costs that may be incurred by a local agency or school district will be incurred because this act creates a new crime or infraction, eliminates a crime or infraction, or changes the penalty for a crime or infraction, within the meaning of Section 17556 of the Government Code, or changes the definition of a crime within the meaning of Section 6 of Article XIII B of the California Constitution.