N.M. Admin. Code § 12.2.5.11

Current through Register Vol. 35, No. 23, December 10, 2024

Section 12.2.5.11 - QUALIFICATIONS AND DISCLOSURES

A. It is an unfair or deceptive trade practice for any person to obscure or make misleading any material fact in any environmental marketing claim by the use of layout, headlines, illustrations, footnotes, style, sound, length of time, lighting, color or type size.

B. It is an unfair or deceptive trade practice for any person to use any disclosure or disclaimer in an environmental marketing claim unless the disclosure or disclaimer is clear and conspicuous and in close proximity to the terms it modifies.

C. It is an unfair or deceptive trade practice for any person to make a televised environmental marketing claim with disclosures that are in such fine print or appear on the screen so briefly that they cannot be easily read.

D. Comment: To be effective, any qualifications and disclosures must be sufficiently clear and prominent to prevent deception. Clarity of language, relative type size and proximity to the claim being qualified and an absence of contrary claims that could undercut effectiveness will maximize the likelihood that the qualifications and disclosures are appropriately clear and prominent.

N.M. Admin. Code § 12.2.5.11

5/1/98; Recompiled 10/15/01