Home > Articles > Business & Management

  • Print
  • + Share This
This chapter is from the book

living in communities not served by programs might conclude that recycling programs for the material are available in their area. To avoid deception, the claim should be qualified to indicate the limited availability of programs, for example, by stating “This bottle might not be recyclable in your area,’’ or “Recycling programs for this bottle might not exist in your area.” Other examples of adequate qualifications of the claim include providing the approximate percentage of communities or the population to whom programs are available.

Example 5

A paperboard package is marketed nationally and labeled “Recyclable where facilities exist.’’ Recycling programs for this package are available in a significant percentage of communities or to a significant percentage of the population, but are not available to a substantial majority of consumers. The claim is deceptive because, unless evidence shows otherwise, reasonable consumers living in communities not served by programs that recycle paperboard packaging might understand this phrase to mean that such programs are available in their area. To avoid deception, the claim should be further qualified to indicate the limited availability of programs, for example, by using any of the approaches set forth in Example 4.

Example 6

A foam polystyrene cup is marketed as follows: “Recyclable in the few communities with facilities for foam polystyrene cups.’’ Collection sites for recycling the cup have been established in a half-dozen major metropolitan areas. This disclosure illustrates one approach to qualifying a claim adequately to prevent deception about the limited availability of recycling programs where collection facilities are not established in a significant percentage of communities or available to a significant percentage of the population. Other examples of adequate qualification of the claim include providing the number of communities with programs, or the percentage of communities or the population to which programs are available.

Example 7

A label claims that the package “includes some recyclable material.’’ The package is composed of four layers of different materials, bonded together. One of the layers is made from the recyclable material, but the others are not. Although programs for recycling this type of material are available to a substantial majority of consumers, only a few of those programs have the

  • + Share This
  • 🔖 Save To Your Account