In 2021, the French regulator (DGCCRF) launched for the first time a major investigation into greenwashing of non-food products and services. It focused on checking the fairness of environmental claims and labels presented as ecological for the marketing of targeted products and services.
1,100 establishments in a wide range of sectors (textiles, cosmetics, chemicals, furniture, toys, sports, construction, hotels, etc.) were investigated. The results, published in May 2023, revealed that a quarter of the companies did not comply with current regulations, resulting in 141 warnings, 114 injunctions and 18 official reports.
In this context, the National Consumer Council (CNC) updated its Practical Guide to Environmental Claims, which is a reference tool for consumers and professionals.
Since the guide was last updated in 2014, this new version has been eagerly awaited. In particular, it takes into account the new obligations arising from the Circular Economy law of February 10, 2020 and the Climate and Resilience law of August 22, 2021.
The document is divided into two parts, with (i) a presentation of the strengthened legal framework for fighting against greenwashing; and (ii) the CNC's recommendations for the use of environmental claims by professionals.
The guide defines the conditions for the use of 17 environmental claims frequently used by advertisers for marketing their products, such as “substance-free” claims, organic, recyclable, reusable, biosourced, etc.
Prohibited mentions, introduced by the Circular Economy law, are recalled, along with the applicable sanctions. For example, it is forbidden to use the terms "biodegradable", "environmentally friendly" or any other equivalent on a product or packaging.
The specific framework for "carbon-neutral" claims is also included. The Climate and Resilience law established the principle of banning the use of "carbon-neutral" or equivalent claims, with particularly stringent conditions for exemptions.
The CNC has also appended two practical sheets:
- in Appendix I, the list of products subject to the principle of extended producer responsibility (EPR) and concerned by the obligation to provide information on the environmental qualities and characteristics of waste-generating products under Decree no. 2022-748 of April 29, 2022.
- in Appendix II, the guide provides an explanation of the method used to establish a fair environmental claim. The principle of proportionality of the claim (1) ; the clarity and unambiguity of the claim (2) ; and the existence of supporting evidence (3) must be observed.
For more information on sustainability claims and greenwashing in France please see here.
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