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Tuesday, March 12, 2024Ecoresponsability

The European Directive on Unfair Commercial Practices extended to environmental claims

La Directive européenne sur les pratiques commerciales déloyales étendue aux allégations environnementales

On 6 March 2024, the European Commission published Directive (EU) 2024/825, which amends Directive 2005/29 on unfair commercial practices, to “empower cconsumers for the green transition through better protection against unfair practices and through better information”. And several of its provisions may be applicable to the cosmetics sector.

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“In order to contribute to the proper functioning of the internal market, based on a high level of consumer protection and environmental protection, and to make progress in the green transition, it is essential that consumers can make informed purchasing decisions and thus contribute to more sustainable consumption patterns,” begins the first “Whereas” of the text.

And it is to ensure that consumers have “clear, relevant and reliable information” that this Directive, by amending Directive 2005/29 on unfair commercial practices, specifically targets environmental claims (alongside, among other things, the early obsolescence of goods or the replacement of consumables).

What’s new?

After defining what an environmental claim is (“any message or representation which is not mandatory under Union or national law, in any form, including text, pictorial, graphic or symbolic representation, such as labels, brand names, company names or product names, in the context of a commercial communication, and which states or implies that a product, product category, brand or trader has a positive or zero impact on the environment or is less damaging to the environment than other products, product categories, brands or traders, or has improved its impact over time”), It introduces new rules by adding a …

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