C.F.R. » Title 16 » CHAPTER I—FEDERAL TRADE COMMISSION › SUBCHAPTER B—GUIDES AND TRADE PRACTICE RULES › PART 260—GUIDES FOR THE USE OF ENVIRONMENTAL MARKETING CLAIMS

16 C.F.R. § 260.10

Non-toxic claims

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(a) It is deceptive to misrepresent, directly or by implication, that a product, package, or service is non-toxic. Non-toxic claims should be clearly and prominently qualified to the extent necessary to avoid deception.

(b) A non-toxic claim likely conveys that a product, package, or service is non-toxic both for humans and for the environment generally. Therefore, marketers making non-toxic claims should have competent and reliable scientific evidence that the product, package, or service is non-toxic for humans and for the environment or should clearly and prominently qualify their claims to avoid deception.

Example:A marketer advertises a cleaning product as “essentially non-toxic” and “practically non-toxic.” The advertisement likely conveys that the product does not pose any risk to humans or the environment, including household pets. If the cleaning product poses no risk to humans but is toxic to the environment, the claims would be deceptive.
Notes of Decisions
Cited in 2 cases (2 in the last 5 years), 2021–2021 · leading case: In Re: S.C. Johnson & Son, Inc. Windex Non-toxic Litig. (N.D. Cal. 2021).
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In Re: S.C. Johnson & Son, Inc. Windex Non-toxic Litig. (N.D. Cal. 2021). · cites it 3× “18 Plaintiffs also rely on portions of the Green Guides regarding “non-toxic claims,” codified 19 at 16 C.F.R. § 260.10 . Section 260.10 states: 20 A non-toxic claim likely conveys that a product, package, or service 21 is non-toxic both for humans and for the environment…”
Bush v. Rust-Oleum Corp. (N.D. Cal. 2021). · cites it 2× “at 6–7 (¶ 19) (citing 16 C.F.R § 260.10). 14 Id. (¶ 17) (citing EPA Comments on Proposed Revisions to Green Guides (2010) (available at 26 https://www.”
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