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claims that “one of the three layers of this package is made of recycled plastic.” The plastic layer is made entirely of recycled plastic. The claim is not deceptive provided the recycled plastic layer constitutes a significant component of the entire package.

Example 7

A paper product is labeled as containing “100 percent recycled fiber.” The claim is not deceptive if the advertiser can substantiate the conclusion that 100 percent by weight of the fiber in the finished product is recycled.

Example 8

A frozen dinner is marketed in a package composed of a cardboard box over a plastic tray. The package bears the legend “package made from 30 percent recycled material.” Each packaging component amounts to one-half the weight of the total package. The box is 20 percent recycled content by weight, and the plastic tray is 40 percent recycled content by weight. The claim is not deceptive, because the average amount of recycled material is 30 percent.

Example 9

A paper greeting card is labeled as containing 50 percent recycled fiber. The seller purchases paper stock from several sources and the amount of recycled fiber in the stock provided by each source varies. Because the 50 percent figure is based on the annual weighted average of recycled material purchased from the sources after accounting for fiber loss during the production process, the claim is permissible.

Example 10

A packaged food product is labeled with a three-chasing-arrows symbol without any further explanatory text as to its meaning. By itself, the symbol is likely to convey that the packaging is both “recyclable” and is made entirely from recycled material. Unless both messages can be substantiated, the claim should be qualified as to whether it refers to the package’s recyclability or its recycled content. If a “recyclable claim” is being made, the label might need to disclose the limited availability of recycling programs for the package. If a recycled content claim is being made and the packaging is not made entirely from recycled material, the label should disclose the percentage of recycled content.

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