§4.1.1.2 Main principles

The application of the UCPD to environmental claims can be summarised in the following main principles (297). Based on Articles 6 and 7 UCPD on misleading actions and omissions, green claims must be truthful, not contain false information and be presented in a clear, specific, accurate and unambiguous manner, so that consumers are not mislead. Based on Article 12 UCPD, traders must have the evidence to support their claims and be ready to provide it to competent enforcement authorities in an understandable way if the claim is challenged. Furthermore, Annex I to the UCPD contains a list of unfair practices that are prohibited in all cases. Several points of the Annex I relate to specific claims or the marketing of relevant certifications, labels and codes of conduct. The general clause of Article 5(2) UCPD provides an additional possibility to assess unfair commercial practices. It functions as an additional ‘safety net’ to capture any unfair practice which is not caught by other provisions of the UCPD (i.e. that is neither misleading, aggressive or listed in Annex I). It prohibits commercial practices that are contrary to the requirements of professional diligence if they are likely to materially distort the economic behaviour of the average consumer. The standard of professional diligence in the area of environmental claims may include principles derived from national and international standards and codes of conduct. For example, professional diligence may require that certification schemes that traders use to promote the environmental virtues of their products adhere to such standards and provide substantial benefits to consumers and that they are independently controlled and audited. Practices contrary to professional diligence will be unfair if they cause or are likely to cause the average consumer to take a transactional decision they would not have taken otherwise, such as purchasing a specific product as a result of the expected benefits derived from the claimed adherence to a certification scheme. National enforcement authorities will assess such situations based on the facts and circumstances of each individual case.

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Source: EUR-Lex (Cellar) · retrieved 2026-09-07