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Example 2

A bottle of fabric softener states that it is in a “handy refillable container.” The manufacturer also sells a large-sized container that indicates that the consumer is expected to use it to refill the smaller container. The manufacturer sells the large-sized container in the same market areas where it sells the small container. The claim is not deceptive because there is a means for consumers to refill the smaller container from larger containers of the same product.

Ozone Safe and Ozone Friendly

It is deceptive to misrepresent, directly or by implication, that a product is safe for or “friendly” to the ozone layer or the atmosphere.

For example, a claim that a product does not harm the ozone layer is deceptive if the product contains an ozone-depleting substance.

Example 1

A product is labeled “ozone friendly.” The claim is deceptive if the product contains any ozone-depleting substance, including those substances listed as Class I or Class II chemicals in Title VI of the Clean Air Act Amendments of 1990, Pub. L. No. 101-549, and others subsequently designated by EPA as ozone-depleting substances. Chemicals that have been listed or designated as Class I are chlorofluorocarbons (CFC), halons, carbon tetrachloride, 1,1,1-trichloroethane, methyl bromide, and hydrobromofluorocarbons (HBFC). Chemicals that have been listed as Class II are hydrochlorofluorocarbons (HCFC).

Example 2

An aerosol air freshener is labeled “ozone friendly.” Some of the product’s ingredients are VOCs that might cause smog by contributing to ground-level ozone formation. The claim is likely to convey to consumers that the product is safe for the atmosphere as a whole; therefore, it is deceptive.

Example 3

The seller of an aerosol product makes an unqualified claim that its product “Contains no CFCs.” Although the product does not contain CFCs, it does contain HCFC-22, another ozone-depleting ingredient. Because the claim “Contains no CFCs” might imply to reasonable consumers that the product does not harm the ozone layer, the claim is deceptive.

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