Circular Economy: EC proposes new consumer rights and ban on greenwashing

Circular Economy: EC proposes new consumer rights and ban on greenwashing

On 30 March, the European Commission  proposed to update the EU consumer rules to empower consumers for the green transition. The updated rules will ensure that consumers can take informed and environment-friendly choices when buying their products. This reinforces the relevance of Drive 0 goals and might help address some barriers to circular renovation identified within the project. Consumers will have a right to know how long a product is designed to last for and how, if at all, it can be repaired. In addition, the rules will strengthen consumer protection against untrustworthy or false environmental claims, banning ‘greenwashing’ and practices misleading consumers about the durability of a product.

  • A new right for information on the durability and reparability of products: the Commission is proposing to amend the Consumer Rights Directive to oblige traders to provide consumers with information on products’ durability and reparability. Producers and sellers will decide on the most appropriate way to provide this information to the consumer, be it on the packaging or in the product description on the website. In any case, it must be provided before the purchase and in a clear and comprehensible manner.
  • A ban on greenwashing and planned obsolescence: The Commission is also proposing several amendments to the Unfair Commercial Practices Directive (UCPD). First, the list of product characteristics about which a trader cannot mislead consumers is expanded to cover the environmental or social impact, as well as the durability and reparability. Then, it also adds new practices that are considered misleading after a case-by-case assessment, such as making an environmental claim related to future environmental performance without clear, objective and verifiable commitments and targets, and without an independent monitoring system. Finally, it amends the UCPD by adding new practices to the existing list of prohibited unfair commercial practices, the so-called ‘black list’.

The Commission’s proposals will now be discussed by the Council and the European Parliament. Once adopted and transposed into the Member States’ national legislation, consumers will be entitled to remedies in the event of breaches, including through the collective redress procedure under the Representative Actions Directive.