United States            Solid Waste and             CDA/C™ cw 01
                     Environmental Protection      Emergency Response          EPA/530-bW-91
                     Agency                (OS-305)	     October1991

                     Office of Solid Waste
&EPA         Environmental
                     Fact Sheet
                      EPA To Develop Guidance on
                      The Use of the Terms "Recycled" and
                      "Recyclable"  in Product Labeling and
                      Advertising

                       Recognizing the potential for accurate marketing claims to benefit the
                      environment, and the confusion caused by inconsistent use of
                      environmental marketing terms, the Environmental Protection Agency
                      (EPA) aims to provide voluntary guidance on specific terms and their use
                      to help educate consumers and advise marketers. The first terms
                      addressed will be related to recycling solid waste materials.
                       As a result of the guidance, use of recycled materials should increase
                      as consumer confidence in the information provided by marketers
                      increases.
        Background
           As the American public has come to understand that they may
        contribute unknowingly to national or global environmental problems,
        the public has increasingly expressed a desire to help protect the
        environment. Many consumers demonstrate a growing willingness to
        change their buying habits in ways that will reduce environmental
        problems, and they continue to seek out products they believe are more
        beneficial for the environment. As a result, a number of manufacturers
        are promoting the environmental attributes of their products.
           The lack of commonly understood meanings for terms used in
        environmental marketing claims has confused consumers and
        manufacturers,, The same claims are sometimes used by different
        manufacturers and consumers to mean different things. In addition,
        some labels promote a single  attribute  of a product, such as "recycled,"
        while others make more generalized or vague claims, such as "safe for
        the environment" or "environmentally friendly."
           Recognizing the lack of uniform definitions for environmental
        marketing terms, EPA—working with other federal agencies— intends
        to provide guidance on those  terms and on their use to help educate
        consumers and advise marketers. The  first terms addressed will be
        related to recycling solid waste materials.

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 Action

   EPA is considering a number of options regarding voluntary national
 guidance for use in product labeling and advertising to promote the use
 of recycled and recyclable materials. Via a notice in the Federal
 Register, the Agency is requesting comment and holding a public
 meeting on the use of specific terms often used in promoting recycled
 products and recyclable materials.
   The Federal Trade Commission (FTC) held hearings in July 1991 to
 determine whether to develop enforceable guidelines covering the use of
 environmental marketing claims. In the interest of providing uniform
 guidance, if FTC decides to develop guidelines in the future, EPA will
 share with them information collected from this action. If FTC decides
 not to develop guidelines, EPA will publish  final recommendations as
 guidance to industry and consumers.
 Options for "Recycled Content" and "Recyclable" Marketing Claims
   The notice discusses three options for "recycled content" claims and
 four options for "recyclable" claims.
 Recycled Content
   The options are that:

   — marketers clearly and prominently state the percentage of
      recycled content by weight of recycled materials in the product;

   — marketers promote recycled content only when a product meets a
      specified minimum percentage of recycled material; or

   — marketers use a combination of the above methods.

EPA prefers the first option.
Recyclable
   The options are that:

   — marketers promote the recyclability of a product only when the
     product is recycled at a certain minimum percentage nationally
     and the product prominently discloses the national recovery rate
     for the material or product.

   — marketers use only qualified claims that do not lead consumers
     to assume that the product is recyclable everywhere and that
     provide consumers with information that helps them recycle the
     material.

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   — marketers use a combination of qualified claims and disclosure
      of the national recycling rate.
   — marketers promote the recyclability of a product only when the
      product is recycled at a certain minimum percentage nationally,
      and that they use qualified claims and disclose the national
      recycling rate of the product.
   EPA's preferred option is that marketers use a combination of
qualified claims and disclosure of the national recycling rate to
advertise the recyclability of products.

Options for Use of the Recycling Emblem
   The familiar recycling emblem (three chasing arrows) is commonly
used by marketers on products to show both recyclability and recycled
content. In some cases, it is used in conjunction with more generalized
claims, like "environmentally friendly." The Agency feels more guidance
on the proper use of the emblem is needed to increase the effectiveness
of its use for recycling, and to ensure consumers understand its
meaning. Three options for using the recycling emblem are discussed:
   — to limit the use of the emblem to claims regarding the use of
      recycled content and recyclability;
   — to follow the American Paper Institute's guidance that uses
      different versions of the emblem for recycled content and for
      recyclable material; or

   — to label the recycling emblem to indicate whether the product
      contains recycled content or is recyclable or both.
The Agency prefers the first and last options, together.

Definitions
   The notice proposes definitions for certain recycling terms to serve
as guidance for marketers and consumers. Along with the other terms,
it defines:
   Recycled Content as the portion of a material's or
   product's weight that is composed of pre- and post-consumer
   materials.
   Recyclables as products or materials that can be recovered from or
otherwise diverted from the solid waste stream for the purpose of
recycling.
   The Agency is accepting comment on this notice for 90 days
following publication in the Federal Register. A public meeting will be
held in Washington, D.C. on November 13-14, 1991.

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Contact
   For additional information or to order a copy of the Federal Register
notice, contact the RCRA Hotline, Monday-Friday, 8:30 a.m. to 7:30
p.m. EST. The national, toll-free number is (800) 424-9346; TDD (800)
553-7672 (hearing impaired): in Washington, D.C., the number is (703)
920-9810, TDD (703) 486-3323.

   Copies of documents applicable to this guidance may be obtained by
writing: RCRA Information Center (RIC), U.S. Environmental Protection
Agency, Office of Solid Waste (OS-305), 401 M Street SW, Washington,
D.C. 20460.

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