CONVICTION FOR FALSE GREEN CLAIMS

SOSTENIBILITÀ CERTIFICATA PER COMBATTERE IL GREENWASHING

Condemnation also in Italy for greenwashingi.e. for a communication strategy that, through the use of false claims, leads consumers to believe in a deceptively positive corporate image in terms of sustainability and environmental impact.

In this specific case, with the sentence of 25.11.21, the textile company Alcantara won the case against the competitor Dinamica by Miko; the order consists in the allocation of a severe punishment for this unfair behaviour : the widespread and direct diffusion to all present and future contacts (by all available digital means, including the press) of the text for the order itself. Below is the link to the ordinance that appears on the Dinamica by Miko website : Home – Dinamicamiko.

To be precise, in Italy, the phenomenon has been known since 1996, when the Antitrust Authority had to deal with the case of the “Società Nazionale Metanodotti”, which had promoted its services in newspapers and on television by using the “ecological” and “natural” characteristics of methane. Some of the incriminated slogans were:“Methane is nature”,”, ““Methane is a natural gas and is considered the cleanest fuel because it emits fewer pollutants”" and "Methane is a source of energy that respects ourselves and the environment that surrounds us, giving man his air and Italy its environmental and artistic heritage”.These messages were defined by the Antitrust Authority as “misleading advertising” ( as we know, methane becomes a polluting agent at the very moment it is used, releasing carbon dioxide, nitrogen and other harmful substance during its combustion).

Another interesting case dealt with by the Antitrust Authority is that of a company that in 2006 was sanctioned by the Competition and Market Authority for spreading misleading advertising extolling the eco-compatibility of its products made of PVC, the most widely used plastic material in the world.

Between 2009 and 2021, the Antitrust Authority also found the advertisements of some well- known mineral water companies to promote the eco-friendly characteristics of their PET or vegetable plastic bottles to be misleading.

These court cases show that the rules for environmental communication are profoundly different from those of traditional advertising and as such need to be properly known : good marketing may not be enough!

False advertising is detrimental to all because its prevents consumers from making informed choices and companies (who deserve credit for working to improve their environmental impact) from seeing their efforts recognized.

La tutela del consumatore è richiamata nei principi contenuti dal Trattato sul Funzionamento dell’Unione Europea (TFUE) e nella Carta dei Diritti Fondamentali dell’Unione Europea. In Italia, a tutela del consumatore e delle aziende vige il controllo dell’Autorità Garante della Concorrenza e del Mercato, che ha la possibilità di agire d’ufficio per punire i comportamenti scorretti sotto forma di pubblicità ingannevole e di concorrenza sleale.

Sustainability in now a dominant trend for anyone doing business and is certainly a great opportunity to revolutionize the way we look at a product/service, but it is well established that there is now a fine line between truthful and (at least) superficial environmental communication.

It’s not so difficult for the public to discern the real differences between a false and true environmental claim. The dissemination of information must currently be based on solid scientific foundations , perhaps certified by independent third-party organizations: it’s important that communication is based on recognized tools , such as Environmental Product Declarations and Environmental Marks, which are internationally standardized (see ISO 14020 norm standards) and based on widely recognized methodologies, such as Life Cycle Assessment studies..

LCA Ambiente supports companies in the Life Cycle Analysis of their products (LCA), functional to the preparation of the Environmental Declaration EPD necessary for a correct and transparent communication of sustainability criteria.

To find out more, do not hesitate to contact us at info@lca-ambiente.com or info@scfinternational.it : we are available to answer your questions!