Cyriel Ruers was interviewed by Lexology PRO about the new European directive on strengthening the position of consumers for the green transition through better information and protection against unfair practices.
The European Parliament approved the strengthened text of the new directive against greenwashing and misleading product information by a large majority (594 votes in favor, 21 against and 14 abstentions) on January 17, 2024. The draft directive was also recently adopted by the Council of the European Union.
The new rules aim to prohibit the use of unsubstantiated general environmental claims, such as "environmentally friendly," "natural," "biodegradable," "climate neutral" and "eco." In addition, the directive serves to make producers and consumers focus more on the durability of goods and prohibit false claims about longevity and warranty. The directive is designed to be used in conjunction with the Green Claims Directive; which lays down more specifically what sustainability claims companies are allowed to make.
Cyriel Ruers was asked about the impact of these rules on companies:
“Cyriel Ruers, partner at Maverick Advocaten in Amsterdam told Lexology PRO that businesses with genuinely sustainable products and marketing strategies should see the directive as advantageous.”
‘“Genuine sustainable businesses will be given the tools to step-up against unfair ‘green’ competition,” he said.’
“The application of the directive will also apply to a “surprisingly broad” number of practices, Ruers told Lexology PRO, meaning companies will have to pay close attention depending on their current marketing practices. For example, prohibiting claims based on carbon offsetting will not affect all companies in the same way.”
“This has a potentially huge impact, as various industries – especially the ones having difficulty [reducing] CO2 emissions in the value chain – rely on these CO2 compensation schemes,”
Lexology's full article can be read here.
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