Misleading advertising is consistently the most complained about issue for European consumers. As a result, tackling misleading advertising is one of EASA’s top priorities.
To prevent misleading advertising, robust marketing codes with detailed provisions on issues like “honesty” and “truthfulness” have been developed. These codes are designed to prevent misleading claims, whether they are direct or implicit, or through omission, ambiguity or exaggeration. These codes complement national legislation and are enforced by national self-regulatory organisations. When practices are fraudulent or illegal, many self-regulatory organisations can rely on a legal backstop.
In a context where there is growing concern by society regarding the impact of mankind’s activities on the environment, there is a need to ensure proper means to advertise responsibly products and services whist staying clear from greenwashing. This is why the International Chamber of Commerce’s Advertising and Marketing Communications Code (ICC Code) features a specific chapter on environment claims in marketing communication chapter D and many national self-regulatory codes incorporate similar provisions.
EASA was involved in the update of ICC’s Framework for Responsible Environmental Marketing Communications which was revised in 2021 to provide more specific guidance in response to the growing complexity of environmental or “green” marketing claims, including general claims of “sustainability” as well new emerging climate-related, circularity, recyclable content, degradability and additional “free-of” claims.
Moreover, EASA, together with the International Council for Advertising Self-Regulation (ICAS) have been commissioned by WFA to develop global guidance on environmental claims to help marketers advertise responsibly. It details principles and global best practices to help brands ensure that environmental claims are credible to consumers and can be backed up if they are challenged and ensuring environmental claims are credible is a key commitment of WFA’s Planet Pledge
At the EU level, the Unfair Commercial Practices Directive (UCPD) and the Misleading and Comparative Advertising Directive (MCAD) both address misleading advertising, including green claims, in the context of the Single Market. The Commission has also developed specific regulations for certain sectors, and regularly conducts enforcement sweeps to identify breaches of consumer law.
The European Commission’s UCPD Guidance was last updated in December 2021 with a focus on green claims. Additionally, the Commission published on 30 March 2021 a proposal for a Directive “Empowering consumers for the green transition”, intended to amend the Unfair Commercial Practices Directive (UCPD). The draft amendments to the UCPD would insert several new definitions and would amend Articles regarding misleading practices based on case-by-case assessments. In the list of practices prohibited in all circumstances (the blacklist), several new types of green claims would be added (on generic claims, comparisons, labels, inter alia), many of which appear already covered by national ad SR systems. A feedback period to the Commission on its legislative proposal is open until 29 May 2022.
