Green Marketing

Avv. Felix Hofer

Studio Legale Hofer Lösch Torricelli
Firenze, Italy
E-mail: fhofer@hltlaw.it
Website: www.hltlaw.it
 Is there 'European’ approach?

• Is there actually one?

• Must consider why is ‘Green Marketing’
is performed (in Europe)?
• In order to…
target environmental
conscious public
target environmental
conscious public

Eco-friendly underwear
target environmental
conscious public
 target environmental
conscious public

The alternative
to traditional
cardboard shoe
boxes, molded
carton made of
100% post
consumer
recycled
material
 enhance corporate image of
products/ services
“Imagination at Work” ad campaign, meant to “humanize GE

school of
windmills goldfish
arranged swimming in
in the the ocean -
form of most Chinese
Beijing’s know they are
‘Birdnest’ freshwater
Stadium fish and could
only survive in
salt-free
water
enhance corporate image of
products/ services

Corn made USB thumb drive

enhance corporate image of
products/ services
SHELL = third
largest oil company
in the world
BUT ALSO: sponsor
of the Natural
History Museum’s
Wildlife
Photographer of
the Year exhibition
enhance corporate image of
products/ services
 “sweet talk/green wash”
a critical manufacturing process
 “sweet talk/green wash”
a critical manufacturing process

Eco-maintenance ticket
 “sweet talk/green wash”
a critical manufacturing process

Germans do it better!
surfing the tide and benefiting
from a popular trend

The world’s first Eco Luxury Vodka

surfing the tide and benefiting
from a popular trend
Even Paris Hilton is doing it!

“Driving hybrid cars is

the new way to go.
Anyone can do it no
matter how old.”

-Paris Hilton, socialite

And she cant stop!
surfing the tide and benefiting
from a popular trend
 surfing the tide and benefiting
from a popular trend

Bling h20
($55/bottle)

“exquisitely
handcrafted with
Swarovski
crystals” and
“reusable”
All these purposes don’t seem to
exactly be “Europe specific”
Peculiarities in the legal framework?
• No specific harmonized set of rules
• Area covered by general principles on commercial
communication
• Therefore the following basic criteria are to be
respected:
– advertising readily & immediately recognizable as such,
– no misleading, false or untruthful messages on
qualities/characteristics,
– claim substantiation always necessary,
– no encouragement of behaviour grossly prejudicial to
environment,
– consumer information requirements to be fulfilled.
Peculiarities in the legal framework?
• Though lacking a specific legal framework,
sector provisions will result relevant.
To mention some:
– Organic products are considered by various
provisions (components, labelling, packaging),
– Cars may be promoted only under certain conditions
(fuel consumption, CO2 emissions),
– Household appliances not complying with certain
standards will soon face a sales ban,
– Non-biodegradable shoppers and incandescent light
bulbs soon no longer on sale.
 BUT STILL,
a few “EUROPE SPECIFIC”
peculiarities relevant for
environmental marketing
So, no distinctiveness at all??
The “factual” context

This is
the EU!

A melting pot of
cultural
diversities &
different national
approaches.
Looking around in Europe
• SCANDINAVIAN COUNTRIES
– Issued – in 1994 - joint guidelines (through the Nordic
Ombudsmen) on environmentally oriented marketing claims
(update in 2005), which require the respective commercial
communication:
• to be accurate and balanced,
• to carefully consider the overall impression they convey,
• to be phrased in a transparent and not misleading way,
• to adopt particular caution when referring to environmental
and ethical labels.
– ICC Consolidated Code of Advertising & Marketing
Communication Practice sets detailed requirements for
environmental marketing (with respect to a product's
entire life cycle).
Looking around in Europe
• GERMANY
– Statute Law: No specific provisions – But sector regulations (e.
g. CO2 emissions)
– SRO and Consumer Protection Association: Complaints
frequently filed
– Courts‘ Jurisprudence: Focus on the issue from a misleading
messages perspective
• SPAIN
– Statute law: Nothing specific – General principles governing
marketing apply
– SRO:Nothing specific
– Consumer Organizations: Spanish Consumer Union (UCE) putting
pressure on Government’s for regulation on environmental
claims.
Looking around in Europe
• IRELAND
– The Irish SRO Standard Code contains a section
dedicated to environmental claims.
• ITALY
– Statute Law: No rule on ‘green claims’, except
implementing provisions of TVWF (nowadays) AVMS
Directive ban commercial communication encouraging
"behavior grossly prejudicial to the protection of
the environment“
– SRO: Section on health and safety sets
transparency requiremnet for products potentially
endangering …the environment.
The EU 2008 Action Plan
• Focuses on promoting sustainable production
and consumption,
• Pushes for eco-friendly products & increased
consumer awareness,
• Intends to stimulate resource efficient and
eco-innovative production,
• Seeks to favoure sustainable consumption &
production internationally.
Goals to be achieved through:
• Increased awareness by education,
• Financial incentives,
• Promoting industry cooperation through
transnational agreements,
• Preparing a favourable “legal humus” by
adapting/innovating regualtions (Eco-design
Directive extension, Revision: Eco-label & EMAS
Regulations, Energy Efficiency Labelling
Directive, Green Public Procurement, Proposal
for Environmental Technology Verification
Scheme).
 Thank you!
Avv. Felix Hofer
Studio Legale Hofer Lösch Torricelli
Firenze, Italy
E-mail: fhofer@hltlaw.it
Website: www.hltlaw.it