Two decrees have just been published in the Official Journal of French Republic of 14 April 2022. One defines the framework for carbon offsetting and carbon neutrality claims in advertising, and the other establishes the system of penalties applicable in the event of non-compliance with these provisions. Both come into force on 1 January 2023.
The terms and conditions of communication
Decree No. 2022-539 of 13 April 2022 “on carbon offsetting and carbon neutrality claims in advertising” sets out the terms and conditions for the communication by advertisers of carbon neutrality claims for products and services, as provided for in Article 12 of the French “Climate and Resilience” law.
The claims targeted
Claims that a product or service is :
• Carbon neutral
• Zero carbon
• With a zero carbon footprint
• Climate neutral
• Fully offset
• 100% offset
• Or any wording of equivalent meaning or scope
The media involved
These claims may be present in :
• Advertising correspondence and printed advertisements
• Advertising displays
• Advertisements in press publications
• Advertisements shown in cinemas
• Advertisements on television or radio broadcasting services and on online communication services
• And on product packaging
The advertiser’s obligations
• The advertiser must produce a life-cycle greenhouse gas emissions report for the product or service concerned, and must update it annually.
• This report should be carried out in accordance with the requirements of ISO 14067 or any equivalent standard.
• The advertiser must publish, on its website or, failing that, on its mobile …
