SenateS. 5674119th Congress

Recycled Materials Attribution Act of 2026

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[Congressional Bills 119th Congress]
[From the U.S. Government Publishing Office]
[S. 5674 Introduced in Senate (IS)]

<DOC>

119th CONGRESS
  2d Session
                                S. 5674

To prohibit a person from making a misleading recycled content claim in 
 advertising, marketing, selling, or offering for sale a product to a 
                   consumer, and for other purposes.

_______________________________________________________________________

                   IN THE SENATE OF THE UNITED STATES

                           September 30, 2026

  Mr. Curtis introduced the following bill; which was read twice and 
   referred to the Committee on Commerce, Science, and Transportation

_______________________________________________________________________

                                 A BILL

 
To prohibit a person from making a misleading recycled content claim in 
 advertising, marketing, selling, or offering for sale a product to a 
                   consumer, and for other purposes.

    Be it enacted by the Senate and House of Representatives of the 
United States of America in Congress assembled,

SECTION 1. SHORT TITLE; TABLE OF CONTENTS.

    (a) Short Title.--This Act may be cited as the ``Recycled Materials 
Attribution Act of 2026''.
    (b) Table of Contents.--The table of contents for this Act is as 
follows:

Sec. 1. Short title; table of contents.
Sec. 2. Purpose.
Sec. 3. Definitions.
Sec. 4. Recycled content claims.
Sec. 5. Enforcement by Federal Trade Commission.
Sec. 6. Preemption.
Sec. 7. Applicability.

SEC. 2. PURPOSE.

    It is the purpose of this Act to clarify that mass balance 
accounting is an acceptable method for substantiating recycled content 
claims and analogous claims if the use of mass balance accounting 
complies with the requirements of a third-party certification system.

SEC. 3. DEFINITIONS.

    In this Act:
            (1) Commission.--The term ``Commission'' means the Federal 
        Trade Commission.
            (2) Competent and reliable scientific evidence.--The term 
        ``competent and reliable scientific evidence'' means any test, 
        analysis, research, or study that--
                    (A) has been conducted and evaluated in an 
                objective manner by an expert in the relevant field;
                    (B) is generally accepted in the profession to 
                yield accurate and reliable results; and
                    (C) is sufficient in quality and quantity based on 
                standards generally accepted in the relevant scientific 
                field to substantiate that a representation is true 
                when considered in light of the entire body of relevant 
                scientific evidence.
            (3) Mass balance accounting.--The term ``mass balance 
        accounting'' means a valid chain-of-custody methodology that 
        allows a manufacturing supply chain--
                    (A) to mix or co-process alternative feedstocks, 
                including pre-consumer material and post-consumer 
                material, with conventional feedstocks; and
                    (B) to allocate the mass of such alternative 
                feedstocks to final products on the basis of documented 
                inputs and outputs.
            (4) Post-consumer material.--The term ``post-consumer 
        material''--
                    (A) means a subset of recovered material or product 
                that has completed its life cycle, served its intended 
                end-use, and been recovered or diverted from waste 
                destined for disposal; and
                    (B) includes any term used to describe post-
                consumer material content in products, including 
                ``post-consumer waste'' and ``post-consumer recycled''.
            (5) Pre-consumer material.--The term ``pre-consumer 
        material''--
                    (A) means a waste material or scrap that has been 
                diverted or recovered from solid waste during the 
                manufacturing of a product, including any trimming, 
                stamping, faulty part generated during the 
                manufacturing process, obsolete inventory, and overrun; 
                and
                    (B) does not include reutilization of any material, 
                such as rework, regrind, or scrap generated in a 
                process and capable of being reclaimed within the same 
                process that generated the material.
            (6) Recycled.--The term ``recycled'' means a material that 
        has been processed through recycling.
            (7) Recycled content.--The term ``recycled content'' means 
        the quantity of pre-consumer materials and post-consumer 
        materials recovered or otherwise diverted from the waste stream 
        through recycling for use in the production of a new, salable 
        product.
            (8) Recycled content claim.--The term ``recycled content 
        claim'' includes any claim or representation regarding the 
        recycled nature of a product or material, 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.
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