Recycled Materials Attribution Act of 2026

including a claim or representation that a product or material is made of ``recycled content'', ``recycled plastics'', ``recycled materials'', or similar terminology. (9) Recycling.-- (A) In general.--The term ``recycling'' means a series of activities that includes-- (i) the collection of used, reused, or unused items that would otherwise be considered waste; (ii) sorting and processing such items into raw materials; and (iii) remanufacturing the raw materials into a new, salable product. (B) Inclusion.--The term ``recycling'' includes the following: (i) Mechanical recycling, in which a material is collected, sorted, cleaned, and reprocessed (without significantly altering the chemical structure of the material) for use in manufacturing products. (ii) Non-mechanical recycling, in which a material is collected, sorted, cleaned, and transformed through technology that alters the chemical structure of the material and that produces an output used to manufacture products (excluding a waste-to-energy facility in which such a material is used primarily to generate process heat or electricity). (10) Third-party certification.--The term ``third-party certification'' means a written determination, verification, or attestation that a product, material, process, service, or entity meets specified standards, criteria, or requirements, issued by an independent organization that-- (A) is not owned, controlled by, or under common control with the person or entity seeking certification; (B) does not design, manufacture, sell, distribute, or market the product or material being certified; (C) conducts its certification activities in accordance with objectivity, impartiality, and professional competence; and (D) does not have financial, commercial, or organizational interest that could compromise its independence or impartiality with respect to the certified product, material, process, service, or entity. (11) Third-party certification system.--The term ``third- party certification system'' means an independently administered system that-- (A) establishes a set of rules governing the implementation of mass balance accounting approaches; and (B) provides independent certification confirming that-- (i) any recycled content attributed to a product does not exceed the quantity by weight of recovered materials introduced into the manufacturing supply chain (accounting for process losses); (ii) an auditable chain-of-custody accounting methodology was applied that enables the attribution of the mass of inputs to 1 or more outputs in accordance with the rules of the system; and (iii) the total mass of alternative feedstocks, including pre-consumer material and post-consumer material, introduced into the manufacturing supply chain has been quantified and appropriately allocated to final products. SEC. 4. RECYCLED CONTENT CLAIMS. (a) Prohibition.--A person may not-- (1) advertise, market, sell, or offer for sale a product to a consumer using a misleading recycled content claim; or (2) market fuels produced and sold as an end product as ``recycled content''. (b) Guidance.-- (1) Update to green guides.--Not later than 1 year after the date of the enactment of this Act, the Commission shall update the Guides for the Use of Environmental Marketing Claims issued by the Federal Trade Commission (part 260 of title 16, Code of Federal Regulations) (commonly known as the ``Green Guides'') to ensure that the Green Guides are consistent with and reflect the definitions, standards, and authorizations established under this Act. (2) Additional guidance.--The Commission shall issue guidance that establishes the following: (A) Mass balance accounting as an acceptable method for substantiating a recycled content claim, if-- (i) the use of mass balance accounting complies with the requirements of a third-party certification system; and (ii) any representation about mass balance accounting with respect to a recycled content claim is based on competent and reliable scientific evidence and presented in a manner that is not misleading. (B) A clear and consistent framework with respect to a recycled content claim, establishing that a person can advertise, market, sell, or offer for sale a product using an accurate recycled content claim. (3) Limitations.-- (A) No conferring of rights or binding effect.--Any guidance issued by the Commission with respect to this section shall not confer any rights on any person nor shall such guidance operate to bind the Commission or any person to the approach recommended in such guidance. (B) Basis of enforcement actions.--In any enforcement action brought pursuant to this Act, the Commission shall allege a specific violation of a provision of this Act. The Commission shall not base an enforcement action on, or execute a consent order based on, practices that are alleged to be inconsistent with any guidance issued by the Commission with respect to this section. SEC. 5. ENFORCEMENT BY FEDERAL TRADE COMMISSION. (a) Unfair or Deceptive Acts or Practices.--A violation of section 4(a) shall be treated as a violation of a rule defining an unfair or deceptive act or practice described under section 18(a)(1)(B) of the Federal Trade Commission Act (15 U.S.C. 57a(a)(1)(B)). (b) Powers of the Commission.-- (1) In general.--The Commission shall enforce section 4(a) in the same manner, by the same means, and with the same jurisdiction, powers, and duties as though all applicable terms and provisions of the Federal Trade Commission Act (15 U.S.C. 41 et seq.) were incorporated into and made a part of this Act. (2) Privileges and immunities.--Any person who violates section 4(a) shall be subject to the penalties and entitled to the privileges and immunities provided in the Federal Trade Commission Act (15 U.S.C. 41 et seq.). (3) Authority preserved.--Nothing in this Act shall be construed to limit the authority of the Commission under any other provision of law. (4) Rulemaking.--The Commission shall promulgate in accordance with section 553 of title 5, United States Code, such rules as may be necessary to carry out this Act. SEC. 6. PREEMPTION. No State, or political subdivision of a State, may maintain, enforce, prescribe, or continue in effect any law, rule, regulation, requirement, standard, or other provision having the force and effect of law that relates to the prohibition and enforcement provisions of this Act. SEC. 7. APPLICABILITY. (a) Severability.--If any provision of this Act, or the application of that provision to any person or circumstance, is held to be invalid, the remainder of this Act, or the application of that provision to persons or circumstances other than those as to which it is held invalid, is not affected thereby. (b) Rule of Construction.--Nothing in this Act may be construed to modify, limit, or supersede any other Federal law or regulation except to the extent expressly provided. (c) Federal Standards.--The provisions in this Act establish uniform Federal standards for recycled content claims, recycling claims, recyclability claims, and analogous claims, and apply solely to the matters expressly addressed in this Act. <all>