In a decision dated 31 May 2024, the French Conseil d’État rejected the application by the Federation of Hygiene and Responsible Care and the FEBEA to overturn the ban on “Biodegradable” and “Environmentally-friendly” claims introduced by the AGEC law. The main reason for this decision was to protect the environment.
As a reminder, Article 13 of the AGEC law states that ‘it is forbidden to use the terms “biodegradable”, “environmentally friendly” or any other equivalent term on a product or packaging’.
The two Federations had asked for this provision to be annulled, arguing in particular that it contravened European rules, that it hindered imports and exports between Member States and that it entailed significant costs for the industry (the need to manufacture new products and packaging and the impossibility of disposing of stocks within the prescribed timeframe, i.e. until 1 January 2023).
To justify rejecting this request, the Conseil d’État develops several arguments:
• The purpose of banning these claims is not to protect the consumer’s economic interests, but to strengthen environmental protection
• This provision does not contradict the labelling rules set out in European Cosmetics Regulation 1223/2009
• A measure involving a restriction on imports or exports is lawful if it is justified on grounds of […] protection of health and life of humans and animals or preservation of plants… This prohibition applies without distinction to domestic and imported products, and is necessary to meet the general interest objective of protecting the environment
• The legislator has pursued …
