Misleading Environmental Claims under The Unfair Commercial Practices Directive 2005/29/EC

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1 Misleading Environmental Claims under The Unfair Commercial Practices Directive 2005/29/EC Angelo GRIECO Legal Officer DG JLS Unit E5 Contract and Consumer Law European Commission

2 EU Law and Misleading Environmental Claims No general EU legislation on misleading environmental claims Specific EU legislation on bio and eco labels, energy labelling, labelling of tyres fuel efficiency, fuel and CO2 labelling.. Specific information requirements modalities for displaying the information - prohibition of the misleading use of such labels

3 EU legislation to assess Generic Environmental Claims The Unfair Commercial Practices Directive 2005/29/EC (the UCPD ) - the main body of EU legislation fully harmonising the rules of the MS in the fields of: Misleading advertising and other types of unfair commercial practices All B2C commercial practices and all sectors of activity covered Focus on the protection of the economic interest of consumers Operates as a safety net in the absence of more specific EU legislation

4 UCPD Key principles Proper and adequate information on main characteristics of the product no matter the method of marketing/advertising used Truthful and clear, Complete Misleading presentation of factually correct information is prohibited To enable consumers to make informed choices

5 UCPD and Environmental Claims No specific rules on environmental marketing and advertising Environmental claims more complicated to assess Legislation gives stronger support Principle of substantiation of claims black listed practices (UCPD Annex I) Self-regulation legitimated and encouraged

6 Application of UCPD to environmental claims Credible and responsible use Claims specific and accurate Scientific evidence readily available to substantiate the claims

7 Application of UCPD to environmental claims Precise formulation of the claim Which is the specific environmental effect or feature of the product? 50% energy savings? As opposed to what? Average product on the market belonging to that category? The previous model marketed by that trader? A different type of appliance which has the same use? Accurate formulation of the claim Effects / impact quantified in an accurate manner Conclusive Scientific Evidence (No claims if no evidence)

8 Application of UCPD to Unlikely: environmental claims buy this product and you will save a forest or the new model of a car is perfect for today s climate and tomorrow s and it makes environmental and economic sense.

9 Application of UCPD to environmental claims The Black List n 2: displaying a trust mark, quality mark or equivalent without having obtained the necessary authorisation. Example: using any community or national label (e.g.: Nordic Swan label, Blue angel, or NF environment) without authorisation.

10 Application of UCPD to environmental claims The Black List n 4: claiming that a trader (including his commercial practices) or a product has been approved, endorsed or authorised by a public or private body when he/it has not or making such a claim without complying with the terms of the approval, endorsement or authorisation. Example: claiming that a product has been approved by an environmental agency, an NGO or a standardisation body when this is not the case.

11 Application of UCPD to environmental claims The Black List n 1: claiming to be a signatory of a code of conduct when the trader is not; Example: a trader displaying on his website that he is a signatory of code of conduct relating to the product's environmental performance when this is not the case.

12 Application of UCPD to environmental claims The Black List n 3: claiming that a code of conduct has an endorsement from a public or other body which it does not have. Example: a trader claiming that the code of conduct of his car-manufacturing company is endorsed by the national environment agency, ministry or a consumers organisation when this is not the case.

13 The UCPD and Self Regulation Non compliance by the trader with a code of conduct to which he has subscribed constitutes an UCP therefore prohibited The UCPD encourages the recourse to self regulatory bodies in addition to the court or administrative proceedings although SR cannot entirely replace judicial or administrative recourse

14 Uniform Application and Next steps GUIDANCE on the implementation of the Directive published on the COMMISSION s web-site in December Publication in the UCP Database September 2010 Comparative evolving database of EU law and of national transposition measures, case law and doctrine

15 Useful Links UCP Directive and Brochure _en.htm UCP Guidance It is fair website Consumer Affairs website

16 Thank you for your attention Angelo GRIECO Legal Officer DG JLS Unit E5 Contract and Consumer Law European Commission