From the EU, the first green light to the rules against greenwashing and fake labels

There European directive “Green Claims” goes one step further in the fight against unfair trading practices, calls greenwashing who mislead consumers with false environmental claims. In the European Union, the labels of eight out of ten products report “ecological phrases”, which make us believe that that product is good for people, nature and the climate. But that’s not always the case.

The Croatian MEP’s proposal Biljana Borzan (S&D) aims to strengthen consumer rights by amending the Unfair Commercial Practices Directive (2005/29/EC) and the Consumer Rights Directive (2011/83/EU).

Today, the European Parliament voted the amendments. Here’s what it is.

Information “transparent, certified and credible” before the purchase

This information is intended to protect consumers from unfair commercial practices, such as:

• greenwashing (misleading environmental claims);
• the use of sustainability labels and unreliable and non-transparent information tools;
• early obsolescence practices (premature failure of assets).

Thus, in the list of the main characteristics of the product will have to be added, in addition to the environmental or social impact and the durabilitythe repairabilitythe possibility for improvementthe reusabilitythe recyclabilitythe disposable nature and the right of return to the manufacturer.

Stop greenwashing

All “generic environmental declarations” banned without providing evidence of performance excellence. It’s all those phrases we read on product labels – “sustainable”, “environmentally friendly”, “environmentally friendly”, “nature friendly”, “natural”, “deforestation free”, “point of view neutral” climatic”, “biodegradable”, “plastic-free”, “bio-based” or similar claims.

The amendments introduced therefore prohibit declarations that do not correspond to clear, objective, quantified commitments and objectives of the manufacturer, based on scientific and verifiable data.

States shall have a detailed implementation plan listing objectives consistent with achieving the manufacturer’s long-term commitment, supported by a sufficient budget and based solely on widely available technologies. The plan and its progress should be publicly accessible online and regularly updated.

More abuse

Prohibit future claims based solely on carbon offsetting schemes, as such schemes are unregulated and cannot be verified by consumers. Also statements stating that a good has a neutral or positive impact on the environment in terms of greenhouse gas emissionsas this is impossible to achieve from a scientific point of view.

Sustainable brand certification

“For sustainability labels, we could not agree on the introduction of a pre-approval system for sustainability labels, but we have managed to strengthen existing and future certification schemes. Therefore, all companies issuing such labels and certificates will have to be inspected and certified by Member State authorities,” explains MEP Biljana Borzan. This includes a complaints system available to consumers and other external stakeholders which focuses on non-compliance and ensures the withdrawal of the sustainability label in such cases.

Premature obsolescence on the unfair trade practices blacklist

“Compared to the proposal presented by the Commission, we have introduced a absolute prohibition of premature obsolescence practices and not just one prohibition of consumer misinformation in this regard” declares Borzan.

It will therefore be prohibited: introduce a feature into the asset which limits its durability, the marketing of a product unsuitable for repair in accordance with legal obligations or the failure to inform the consumer about the non-reparability. In addition to marketing of goods that are designed in a way that limits their functionality when using non-original consumables, spare parts or accessories. Also banned the sale of goods requiring replacement of consumables earlier than would otherwise be necessary for technical reasons. A common example? A printer that forces consumers to replace ink cartridges before they actually run out.

Information on the durability and repairability of a product for all types of goods will have to be provided in a way that is easily accessible and understandable to consumers, in the official EU language or languages ​​of the Member State in whose territory the good is marketed and put into service.

Legal guarantee

“We have ensured the introduction of a mandatory label, which will cover the legal guarantee of conformity and its voluntary extension in the form of a commercial guarantee of durability, in order to allow consumers to easily compare products and choose those which are more durable” adds Borzan. So, for example, when a product has a 2-year legal guarantee of conformity and a 1-year commercial guarantee of duration, the label will show 2+1. Obviously, the manufacturer will have to apply the same warranty and repair conditions for the same product model in all countries in which this product will be marketed.

Negotiations with the Council and the member states will now start. The legislative procedure is likely to be accelerated and concluded before the European Parliament elections in May 2024.