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Green Marketing

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Green Marketing Avv. Felix Hofer Studio Legale Hofer L sch Torricelli Firenze, Italy E-mail: fhofer_at_hltlaw.it Website: www.hltlaw.it Is there 'European approach? – PowerPoint PPT presentation

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Title: Green Marketing


1
Green Marketing
  • Avv. Felix Hofer
  • Studio Legale Hofer Lösch Torricelli
  • Firenze, Italy
  • E-mail fhofer_at_hltlaw.it
  • Website www.hltlaw.it

2
Is there 'European approach?
  • Is there actually one?
  • Must consider why is Green Marketing is
    performed (in Europe)?
  • In order to

3
target environmental conscious public
4
target environmental conscious public
Eco-friendly underwear
5
target environmental conscious public
6
target environmental conscious public
The alternative to traditional cardboard shoe
boxes, molded carton made of 100 post consumer
recycled material
7
enhance corporate image of products/ services
Imagination at Work ad campaign, meant to
humanize GE
school of goldfish swimming in the ocean - most
Chinese know they are freshwater fish and could
only survive in salt-free water
windmills arranged in the form of Beijings
Birdnest Stadium
8
enhance corporate image of products/ services
Corn made USB thumb drive
9
enhance corporate image of products/ services
SHELL third largest oil company in the
world BUT ALSO sponsor of the Natural History
Museums Wildlife Photographer of the Year
exhibition
10
enhance corporate image of products/ services
11
sweet talk/green wash a critical manufacturing
process
12
sweet talk/green wash a critical manufacturing
process
Eco-maintenance ticket
13
sweet talk/green wash a critical manufacturing
process
Germans do it better!
14
surfing the tide and benefiting from a popular
trend
The worlds first Eco Luxury Vodka
15
surfing the tide and benefiting from a popular
trend
16
Even Paris Hilton is doing it!
Driving hybrid cars is the new way to go. Anyone
can do it no matter how old. -Paris Hilton,
socialite
17
And she cant stop!
18
surfing the tide and benefiting from a popular
trend
19
surfing the tide and benefiting from a popular
trend
Bling h20 (55/bottle) exquisitely handcrafted
with Swarovski crystals and reusable
20
All these purposes dont seem to exactly be
Europe specific
21
Peculiarities in the legal framework?
  • No specific harmonized set of rules
  • Area covered by general principles on commercial
    communication
  • Therefore the following basic criteria are to be
    respected
  • advertising readily immediately recognizable as
    such,
  • no misleading, false or untruthful messages on
    qualities/characteristics,
  • claim substantiation always necessary,
  • no encouragement of behaviour grossly prejudicial
    to environment,
  • consumer information requirements to be fulfilled.

22
Peculiarities in the legal framework?
  • Though lacking a specific legal framework, sector
    provisions will result relevant. To
    mention some
  • Organic products are considered by various
    provisions (components, labelling, packaging),
  • Cars may be promoted only under certain
    conditions (fuel consumption, CO2 emissions),
  • Household appliances not complying with certain
    standards will soon face a sales ban,
  • Non-biodegradable shoppers and incandescent light
    bulbs soon no longer on sale.

23
BUT STILL, a few EUROPE SPECIFIC peculiarities
relevant for environmental marketing
  • So, no distinctiveness at all??

24
The factual context
This is the EU!
A melting pot of cultural diversities different
national approaches.
25
Looking around in Europe
  • SCANDINAVIAN COUNTRIES
  • Issued in 1994 - joint guidelines (through the
    Nordic Ombudsmen) on environmentally oriented
    marketing claims (update in 2005), which require
    the respective commercial communication
  • to be accurate and balanced,
  • to carefully consider the overall impression they
    convey,
  • to be phrased in a transparent and not misleading
    way,
  • to adopt particular caution when referring to
    environmental and ethical labels.
  • ICC Consolidated Code of Advertising Marketing
    Communication Practice sets detailed requirements
    for environmental marketing (with respect to a
    product's entire life cycle).

26
Looking around in Europe
  • GERMANY
  • Statute Law No specific provisions But sector
    regulations (e. g. CO2 emissions)
  • SRO and Consumer Protection Association
    Complaints frequently filed
  • Courts Jurisprudence Focus on the issue from
    a misleading messages perspective
  • SPAIN
  • Statute law Nothing specific General
    principles governing marketing apply
  • SRONothing specific
  • Consumer Organizations Spanish Consumer Union
    (UCE) putting pressure on Governments for
    regulation on environmental claims.

27
Looking around in Europe
  • IRELAND
  • The Irish SRO Standard Code contains a section
    dedicated to environmental claims.
  • ITALY
  • Statute Law No rule on green claims, except
    implementing provisions of TVWF (nowadays) AVMS
    Directive ban commercial communication
    encouraging "behavior grossly prejudicial to the
    protection of the environment
  • SRO Section on health and safety sets
    transparency requiremnet for products potentially
    endangering the environment.

28
The EU 2008 Action Plan
  • Focuses on promoting sustainable production and
    consumption,
  • Pushes for eco-friendly products increased
    consumer awareness,
  • Intends to stimulate resource efficient and
    eco-innovative production,
  • Seeks to favoure sustainable consumption
    production internationally.

29
Goals to be achieved through
  • Increased awareness by education,
  • Financial incentives,
  • Promoting industry cooperation through
    transnational agreements,
  • Preparing a favourable legal humus by
    adapting/innovating regualtions (Eco-design
    Directive extension, Revision Eco-label EMAS
    Regulations, Energy Efficiency Labelling
    Directive, Green Public Procurement, Proposal for
    Environmental Technology Verification Scheme).

30
Thank you!
  • Avv. Felix Hofer
  • Studio Legale Hofer Lösch Torricelli
  • Firenze, Italy
  • E-mail fhofer_at_hltlaw.it
  • Website www.hltlaw.it
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