note 99 2024 - number 4 - promzvak.nl Beware of 'Green Claims' Admittedly, I am often critical of the German industry organization GWW. But last week they released the following news, which is also very important for many Dutch companies in our industry. Therefore, we have translated the article 1-to-1 from German to Dutch. Important news, thanks for that GWW! Here is the article: In a remarkable case (Az.: I ZR 98/23), the BGH ruled on June 27 on the use of so-called 'Green Claims.' The trigger was an advertising slogan from the candy manufacturer Katjes, which promoted its products with the label "climate neutral." The BGH has banned this practice in its ruling with reference to §§ 3, 5, 5a, and 8 UWG. The background to the complaint is two measures by the European legislature intended to counteract the inflationary use of terms such as "climate neutral" or "ecological" in the promotion of products and services: • EmpCo Directive (Directive to Empower Consumers for the Green Transition): This directive was adopted by the EU Parliament on January 17, 2024, and came into force on March 26, 2024. It focuses primarily on consumer protection. Member States have until March 27, 2026, to transpose this directive into national law; at the latest by September 27, 2026, these provisions must be in effect throughout Europe. The EmpCo Directive includes four measures: 1. Ban on 'own' sustainability labels: Only the use of certificates established by government authorities is allowed. 2. Ban on general environmental claims: General statements such as "climate neutral," "ecological," or "CO²-friendly" may only be used if the advertiser can prove "recognized outstanding environmental performance." 3. Ban on using general environmental claims with a false reference: Environmental claims may only be made if they apply to the entire product and not just parts of it. 4. Ban on advertising with offsets: Products may no longer be advertised as "climate neutral" if this climate neutrality is achieved solely through the offsetting of other greenhouse gas emissions. • GCD (Green Claim Directive): This directive was adopted by the EU Parliament on March 12, 2024. Member States must start implementing it no later than 24 months later. This directive focuses primarily on transparency and accuracy in environmental marketing. The GCD includes the following measures: 1. Environmental claims must not be vague, misleading, unfounded, or incorrect. 2. Claims must be specific; statements such as "environ mentally friendly" or "climate friendly" are too vague. 3. Claims must be relevant and substantial over the entire life cycle of the product. 4. Claims must be scientifically substantiated. 5. Claims must be verified by external reviewers. 6. Associated information about these claims must be communicated on the product itself or the same medium. 7. Environmental claims must be communicated in a way that the average consumer understands: no use of unclear technical terms! 8. Environmental claims must be simple and understandable. 9. Further information about environmental claims must be easily accessible. Only small companies with fewer than 10 employees and an annual turnover of a maxi mum of 2 million euros are exempt from this directive.
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