Rutgers Law

New Jersey Statutes, Title: 56, TRADE NAMES, TRADE-MARKS AND UNFAIR TRADE PRACTICES

    Chapter 3: Purpose of act, construction

      Section: 56:3-51: Non-flushable disposable wipe product, packaging display, Do Not Flush symbol.

          2. a. A covered entity shall not sell, offer for sale, or distribute for sale a non-flushable disposable wipe product unless the product packaging displays the Do Not Flush symbol and label notice required pursuant to the provisions of this section.

b. Any non-flushable disposable wipe product sold, offered for sale, or distributed for sale in this State shall have a "Do Not Flush" symbol and label notice or its equivalent. A covered product manufactured after the effective date of this act shall be clearly and conspicuously labeled with a symbol and label notice. Except as otherwise provided in this section, both the symbol and label notice, respectively, shall be sized equal to at least two percent of the surface area of the principal display panel in accordance with the following requirements:

(1) for cylindrical or nearly cylindrical packaging intended to dispense individual wipes, a covered entity shall:

(a) place the symbol and label notice on the principal display panel in a location that is reasonably viewable each time a wipe is dispensed; or

(b) place the symbol on the principal display panel and either the symbol or label notice, or the symbol and label notice in combination, on the flip lid subject to the following requirements:

(i) if the label notice does not appear on the flip lid, the label notice must be placed on the principal display panel;

(ii) the symbol or label notice, or the symbol and label notice in combination, on the flip lid may be embossed, in which case the symbol or label notice, or the symbol and label notice in combination, do not need to comply with the requirements set forth in paragraph (6) of this subsection; and

(iii) the symbol or label notice, or the symbol and label notice in combination, on the flip lid shall cover a minimum of eight percent of the surface area of the flip lid;

(2) for flexible film packaging intended to dispense individual wipes, a covered entity shall place the symbol on the principal display panel and dispensing side panel and place the label notice on either the principal display panel or dispensing side panel, in a prominent location reasonably visible to the user each time a wipe is dispensed. If the principal display panel is on the dispensing side of the package, two symbols are not required;

(3) for refillable tubs or other rigid packaging intended to dispense individual wipes and be reused by the consumer for that purpose, a covered entity shall place the symbol and label notice on the principal display panel in a prominent location reasonably visible to the user each time a wipe is dispensed;

(4) for packaging not intended to dispense individual wipes, a covered entity shall place the symbol and label notice on the principal display panel in a prominent and reasonably visible location;

(5) a covered entity shall ensure that the packaging seams, folds, or other package design elements do not obscure the symbol and the label notice;

(6) a covered entity shall ensure that the symbol and the label notice have sufficiently high contrast with the immediate background of the packaging to render the symbol and label notice reasonably likely to be seen and read by the ordinary individual under customary conditions of purchase and use;

(7) for covered products sold in bulk at retail, both the outer package visible at retail and the individual packages contained within shall comply with the labeling requirements set forth in this subsection that apply to the particular packaging types, except the following:

(a) individual packages contained within the outer package that are not intended to dispense individual wipes and contain no retail labeling; and

(b) outer packages that do not obscure the symbol and label notice on individual packages contained within;

(8) if a covered product is provided within the same packaging as another consumer product for use in combination with the other consumer product, the outside retail packaging of the other consumer product does not need to comply with the labeling requirements of this subsection;

(9) if a covered product is provided within the same package as another consumer product for use in combination with the other product and is in a package smaller than three inches by three inches, the covered entity of the covered product may comply with the requirements of this subsection by placing the symbol and label notice in a prominent location reasonably likely to be seen and read by the ordinary individual under customary conditions;

(10) a covered entity, directly or through a corporation, partnership, subsidiary, division, trade name, or association in connection to the manufacturing, labeling, packaging, advertising, promotion, offering for sale, sale, or distribution of a covered product, shall not make any representation, in any manner, expressly or by implication, including through the use of a product name, endorsement, depiction, illustration, trademark, or trade name, about the flushable attributes, flushable benefits, flushable performance, or flushable efficacy of a covered product;

(11) if a covered product is required to be registered by the United States Environmental Protection Agency under the Federal Insecticide, Fungicide, and Rodenticide Act (7 U.S.C. s.136 et seq.) and the New Jersey Department of Agriculture under State law, then the covered entity shall submit a label compliant with the labeling requirements of this subsection no later than January 1, 2024, to the United States Environmental Protection Agency. If the United States Environmental Protection Agency or the New Jersey Department of Agriculture does not approve a product label that otherwise complies with the labeling requirements of this subsection, the covered entity shall use a label that complies with as many of the requirements of this subsection as the relevant agency has approved; and

(12) a covered entity may include on a covered product words or phrases in addition to those required for the label notice if the words or phrases are consistent with the purposes of this act.

c. The Division of Consumer Affairs in the Department of Law and Public Safety shall enforce the provisions of this section.

d. Nothing in this section shall apply to non-flushable disposable wipe products that are sold, offered for sale, or distributed by a retailer or wholesaler that does not package or label the non-flushable disposable wipe products.

L.2023, c.280, s.2.

This section added to the Rutgers Database: 2024-05-21 14:37:52.

Older versions of 56:3-51 (if available):

Court decisions that cite this statute: CLICK HERE.