Earlier this year, the New York City Department of Consumer and Worker Protection adopted a rule that regulates the use of the term “certified” when marketing goods and services in the City. If you're marketing products in New York City as “certified,” you'd better make sure that your certification program complies with the City's new requirements, which went into effect in April.

What does the law require? 

The law prohibits the use of the term “certified” or “certified pre-owned” unless the following criteria are met: 

• The certification must be based on specific criteria established by an entity other than the seller; 
• The marketer must clearly and conspicuously disclose the entity that established the criteria; 
• The marketer must be authorized by that entity to offer products or services as “certified” or “certified pre-owned”; 
• The certification criteria, as well as confirmation that the products are services have met the criteria, must be provided to the customer prior to the sale; and 
• The products or services being marketed as “certified" or “certified pre-owned” must actually satisfy the certification criteria. 

The new law also prohibits marketers from promoting products as manufacturer certified, unless the certification is also based on specific criteria established by the manufacturer and the marketer is authorized by the manufacturer to offer those products as manufacturer certified. 

6 RCNY 5-14.