(a) It is unlawful for a person to make an untruthful, deceptive, or misleading environmental marketing claim, whether explicit or implied. For the purpose of this section, “environmental marketing claim” shall include any claim contained in the “Guides for the Use of Environmental Marketing Claims” published by the Federal Trade Commission.
(b) (1) It shall be a defense to any suit or complaint brought under this section that the person’s environmental marketing claims conform to the standards or are consistent with the examples contained in the “Guides for the Use of Environmental Marketing Claims” published by the Federal Trade Commission.
(2) Paragraph (1) does not apply to either of the following:
(A) Claims for violations of subdivision (d) of Section 18015 of the Public Resources Code.
(B) Claims for violations of paragraph (1) of subdivision (b) of Section 42355.51 of the Public Resources Code.