Legislators in New Jersey are considering enacting prohibitions that certain promo industry suppliers say reinforce misconceptions about balloons – something that could potentially hurt sales of branded balloons in the ad specialty space.

In June, New Jersey State Sen. James Whelan introduced a bill that would ban the intentional release of balloons inflated with lighter-than-air gases, such as helium. The legislation aims to prevent outdoor balloon launches of the type used to mark occasions that range from weddings and funerals to graduations, military homecomings and more.

Whelan says environmental concerns are driving the push for a ban, asserting that balloon releases pose a threat to wildlife and marine animals, which might mistake them for food or become entangled in them once they land, according to the bill.

Such assertions paint a skewered picture, balloon advocates say. Furthermore, the proposed law – and others like it being considered or already on the books – are a cause of concern for some promo businesses in the balloon niche.

“I believe there will be some adverse impact on the sale of branded balloons from this proposed ban,” Terry Brizz, president of Ohio-based Galaxy Balloons (asi/55675), told Counselor. “If legislators place a ban on balloon launches, it will create some negative perception on using balloons. This will be perceived as balloons being unsafe, which is not correct.”

Launches aren’t a big driver of business, says Pioneer Balloons’ (asi/78200) Mark Jenkins – “We have not promoted them for decades…and they aren’t happening anyway.” Still, Jenkins says that bans could unfairly impact balloon providers by creating undeserved adverse perception among possible buyers. “Launch bans have the potential of giving our product an undue bad rap,” said Jenkins.

Brizz said it’s about being smart with what types of balloons are used at launches. Foil balloons should not be used in launches because they are not biodegradable, he said. However,

Brizz said that latex balloons, which he notes constitute the majority of balloons sold, do biodegrade. “Deterioration is clearly evident within a few hours – it begins to oxidize or ‘frost’– and soon the balloon will break apart,” Brizz said in an email to Counselor. “Research has shown that under similar conditions, latex decomposes at the same rate as an oak leaf.”

Furthermore, Brizz said that legislators should know that latex balloons are produced from the sap of rubber trees. “It is collected without harming the tree by using an environmentally safe, age-old process similar to that used for collecting the sap from maple trees for syrup,” he said in the email. “A latex balloon is made from 100% organic material and is 100% biodegradable.”

Jenkins spoke to biodegradability as well. “Once we educate the legislators about the biodegradability of latex balloons, they are usually quick to move on to other more pressing legislation,” he said, adding as regards the promotional products industry: “Most promotional consultants realize our biodegradable product is more natural and decomposes in lightning fashion, compared to almost everything else they sell to their clients.”

Nonetheless, anti-balloon activists that favor launch bans maintain that latex balloons can take several years to break down, presenting opportunity for deleterious impacts to wildlife. Whelan isn’t the only legislator who has been receptive to that message. The Associated Press reports that California, Connecticut, Florida, Tennessee and Virginia have banned or restricted balloon launches. Some local governments have acted similarly. In Whelan’s New Jersey, for example, municipalities that include Margate City, Longport Borough, Ventnor City and Atlantic City have prohibited the release of balloons inflated with lighter-than-air gasses, according to Whelan’s bill.

Still, The Balloon Council, a Trenton, NJ-based trade group that represents balloon industry companies, says such bans limit consumer’s rights and unduly target small businesses that specialize in balloons. “We take the issues seriously, but educating retailers and consumers is the best way to go,” Dale Florio told the Associated Press. Florio is with Princeton Public Affairs Group, a lobbying outfit that represents The Balloon Council. “No business or balloon retailer wants to contribute to the harm of any creature, but to say it’s a hazard, we think that’s way overblown.”

While Jenkins doesn’t promote balloon launches, Brizz says they can be something special. “I believe,” he said, “that latex balloon launches are a great way to create excitement and wonderment. It is a lot of fun for people of all ages to see the balloons released and float off into the distant skies.”