Insofar as there is a technical claim being made about the product in question.... In this case, if it's a technical claim about an environmental standard that's being offered in relation to the product—if it were an ETF that potentially made a very technical claim on an environmental basis—and not just something general but something for which a test would exist, like “Are you investing or not investing in the clean energy or some part of the greener sector of the economy?”, then it would afford the commissioner the capacity to be able to evaluate whether or not the test was actually being sufficiently reported back to the consumer.
If it's a broader claim, then that's not within the scope of this particular provision.