12.2.5.9

Prior reasonable basis required: It is an unfair or deceptive trade practice for any person to make an environmental marketing claim unless prior to making the claim:

1. A. the person has and relies upon a prior reasonable basis from which to conclude that the claim is true; and

2. B. the person possesses documents that evidence the prior reasonable basis for the claim.

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