In France, it is the “AGEC” law with its decrees and orders published for its implementation, as well as the new CNC guide, that are shaking up the rules applicable to environmental claims. In Europe, it is the revision of the “UCP” Directive (Unfair Commercial Practices) which also strongly targets them. During the 20th Perfumes and Cosmetics Congress of the Cosmetic Valley held in Chartres at the end of November, Xavier Guéant and Stéphanie Lumbers, from the FEBEA, detailed the new framework and its practical implications. Focus on prohibited claims, the revision of the UCP Directive and the update of the CNC guide.
Prohibited claims
Article 13 of the “AGEC” law provides for a ban on the use of the terms “Biodegradable”, “Environmentally friendly” or any other equivalent environmental claim on a product or new packaging intended for the consumer. This provision is taken up in the “EQC” Decree of 29 April 2002, which confirms the general ban on these two claims.
In the ongoing work to revise the 2005 European Directive on Unfair Commercial Practices, the European Commission and Member States have also expressed the intention to address global claims, in particular on the theme of “Environmentally friendly”.
“This mention does not therefore call for any particular comment”, commented Xavier Guéant. “On the other hand, the general prohibition of the claim ‘Biodegradable’ raises questions at the French level regarding its compliance with European law. This is what led the FEBEA to challenge this part of the decree on biodegradability before the Council of State”.
The Federation thus defends the possibility of using the claim “Biodegradable” for cosmetic formulas, convinced of its environmental benefit and of the interest of consumer information on this topic. But to date, in view of the positive law (and the associated sanctions), this claim has been banned …
