Recycled Materials Attribution Act of 2026

This bill prohibits making misleading recycled content claims when advertising, marketing, selling, or offering a product to a consumer. It clarifies that mass balance accounting can be used to support such claims if it meets third-party certification requirements, and gives the Federal Trade Commission (FTC) enforcement authority.

Sec. 3, Definitions: Defines key terms including 'mass balance accounting' as a chain-of-custody method that allows mixing alternative feedstocks with conventional ones and allocating mass to final products based on documented inputs and outputs. Also defines 'post-consumer material,' 'pre-consumer material,' 'recycled content claim,' 'recycling,' 'third-party certification,' and 'third-party certification system.'

Sec. 4, Recycled content claims: Prohibits using a misleading recycled content claim in advertising, marketing, selling, or offering a product to a consumer, and prohibits marketing fuels as 'recycled content.' Requires the FTC to update its Green Guides within one year to reflect this Act's definitions and standards. The FTC must also issue guidance establishing mass balance accounting as an acceptable substantiation method if it complies with a third-party certification system and is based on competent and reliable scientific evidence. Guidance does not confer rights or bind the FTC or any person.

Sec. 5, Enforcement by Federal Trade Commission: Treats a violation of the prohibition as an unfair or deceptive act under the FTC Act. The FTC enforces this section with the same powers and penalties as under the FTC Act, and must issue rules as necessary.

Sec. 6, Preemption: No state or local government may maintain or enforce any law that relates to the prohibition and enforcement provisions of this Act.

Sec. 7, Applicability: Includes a severability clause, a rule of construction that this Act does not modify other federal law unless expressly stated, and states that the Act establishes uniform federal standards for recycled content claims.