Green Marketing

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Green Marketing

• Avv. Felix Hofer
• Studio Legale Hofer Lösch Torricelli
• Firenze, Italy
• E-mail fhofer_at_hltlaw.it
• Website www.hltlaw.it

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Is there 'European approach?

• Is there actually one?
• Must consider why is Green Marketing is
  performed (in Europe)?
• In order to

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target environmental conscious public
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target environmental conscious public
Eco-friendly underwear
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target environmental conscious public
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target environmental conscious public
The alternative to traditional cardboard shoe
boxes, molded carton made of 100 post consumer
recycled material
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enhance corporate image of products/ services
Imagination at Work ad campaign, meant to
humanize GE
school of goldfish swimming in the ocean - most
Chinese know they are freshwater fish and could
only survive in salt-free water
windmills arranged in the form of Beijings
Birdnest Stadium
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enhance corporate image of products/ services
Corn made USB thumb drive
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enhance corporate image of products/ services
SHELL third largest oil company in the
world BUT ALSO sponsor of the Natural History
Museums Wildlife Photographer of the Year
exhibition
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enhance corporate image of products/ services
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sweet talk/green wash a critical manufacturing
process
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sweet talk/green wash a critical manufacturing
process
Eco-maintenance ticket
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sweet talk/green wash a critical manufacturing
process
Germans do it better!
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surfing the tide and benefiting from a popular
trend
The worlds first Eco Luxury Vodka
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surfing the tide and benefiting from a popular
trend
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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
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And she cant stop!
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surfing the tide and benefiting from a popular
trend
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surfing the tide and benefiting from a popular
trend
Bling h20 (55/bottle) exquisitely handcrafted
with Swarovski crystals and reusable
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All these purposes dont seem to exactly be
Europe specific
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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.

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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.

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BUT STILL, a few EUROPE SPECIFIC peculiarities
relevant for environmental marketing

• So, no distinctiveness at all??

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The factual context
This is the EU!
A melting pot of cultural diversities different
national approaches.
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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).

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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
• SRONothing specific
• Consumer Organizations Spanish Consumer Union
  (UCE) putting pressure on Governments for
  regulation on environmental claims.

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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.

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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.

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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).

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Thank you!

• Avv. Felix Hofer
• Studio Legale Hofer Lösch Torricelli
• Firenze, Italy
• E-mail fhofer_at_hltlaw.it
• Website www.hltlaw.it