Europe Updates Regulations to Protect Consumers Regarding “Green Claims”

Editorial TeamEditorial Team
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September 15th, 2022
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1:07 PM

The proposal imposes the obligation to provide information to the consumer prior to purchase on the repairability and durability of the product, as well as to protect the citizen against unfair practices related to early discontinuance.

The European Commission has updated EU rules to meet the European Green Pact's consumer protection targets to empower consumers for the green transition. The updated rules will ensure that citizens can make informed and environmentally friendly choices when buying products.

Following this EU Legislation, the European Commission aims to make it easier for consumers in the Single Market to make better choices when choosing products that are more sustainable, last longer and can be repaired. The Commission also aims to avoid the practices of "greenwashing" and temperate obsolescence by producers and protect consumers from unfair trade practices that abuse their interest to buy in an environmentally friendly way.

Under the new text, consumers will have the right to know how long a product is expected to last and, where appropriate, how it can be repaired. The rules will also strengthen the protection of citizens against unreliable or false environmental claims by banning 'greenwashing' and practices that mislead them about the durability of products.

 

Durability and Reparability of Products

Thus, the European Commission proposes to amend the Consumer Rights Directive to oblige brands to provide consumers with information on the durability and reparability of products. Producers and sellers "shall decide the most appropriate way to communicate this information to consumers", which may be on the packaging or in the product description on their website. In any case, it must be provided prior to purchase and in a clear and understandable manner, the Commission has indicated.

 

Greenwashing is Forbidden

The Commission also proposes several amendments to the Directive on unfair commercial practices. Firstly, they have pointed out, "the list of product characteristics about which a trader may not mislead the user is extended to include environmental or social impact, durability, and reparability". It also adds new practices to correctly carry out sustainability plans without including unclear targets or commitments, among other issues.

This includes a kind of “black list” of practices which include:

  • Omitting information on the characteristics necessary to limit durability.
  • Making generic and vague environmental claims if it is not possible to demonstrate the environmental performance of a product or a trader. Examples of generic environmental claims are "environmentally friendly".
  • Making an environmental claim about the whole product, when in fact it only affects a certain aspect of the product.
  • Displaying a voluntary sustainability label that is not based on a third-party verification system or established by public authorities.
  • Omitting information on the limited functionality of a product when using consumables, spare parts or accessories not supplied by the original producer.

 

 

These proposals will be discussed in the Council and the European Parliament and, once adopted and transposed into the national legislation of the Member States, consumers will be entitled to remedies in the event of an infringement. In preparing the proposal, the Commission consulted more than 12,000 consumers, as well as businesses, consumer experts, and national authorities.

This proposal is part of the European Commission's broader objective of becoming the first climate-neutral continent by 2050, a goal that can only be achieved if consumers and businesses change their behaviors towards sustainability.

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