On April 20, 2023, Indecopi published the Draft Guide on Environmental Advertising (hereinafter, the "Draft"), so that advertisers, consumers and the general public may issue their comments and contributions on this document, which contains minimum guidelines to be followed when disseminating environmental and sustainability advertising (hereinafter, "Green Advertising"), in order to avoid misrepresented or exaggerated messages regarding the positive impact on the environment of the products and/or services offered in the market; a practice commonly known as Greenwashing .
Some of the highlights of the Project are:
- In matters of Green Advertising, advertisers must take into account the following principles: Prior substantiation, Clarity, Relevance, Transparency, and Fair comparison. This in order to avoid misleading consumers regarding the positive impact on the environment that their products and/or services would have.
- The advertiser must take into account the meaning of the environmental terms used, as well as the colors, images and, in general, the presentation of the product and/or service offered. Likewise, it must ensure that the information conveyed to consumers through its advertisements is accessible, and allows them to know if any stage of the production cycle of the product causes any negative impact on the environment.
- Advertisers may include claims related to different specific environmental protection parameters, such as carbon emissions, compostable products, degradable products, sustainable products, eco-friendly products and/or services, among others. However, these claims will only be lawful if they comply with the above-mentioned principles.
It should be noted that the Project is not a final document, therefore, it may be modified or updated by Indecopi. In this regard, economic agents and/or consumers may provide their opinions and comments on the Project until May 15, 2023 by sending an e-mail to consultas-ccd@indecopi.gob.pe.
Finally, it is important to remember that fines for non-compliance with the rules for the repression of unfair competition amount to a maximum of 700 UIT. Therefore, it is important that advertisers take into account the guidelines proposed by the Project when disseminating environmental advertising.
For more information, advice, or any questions on the subject, please contact us at the following email address: innovacion@cpb-abogados.com.pe
