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Overview of the Guiding Principles for Green Marketing.ppt

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Overview of the Guiding Principles for Green Marketing.ppt Powered By Docstoc
					    Green Marketing
         Avv. Felix Hofer
Studio Legale Hofer Lösch Torricelli
           Firenze, Italy
      E-mail: fhofer@hltlaw.it
       Website: www.hltlaw.it
 Is there 'European’ approach?

• Is there actually one?
• Must consider why is ‘Green Marketing’
  is performed (in Europe)?
• In order to…
target environmental
  conscious public
target environmental
  conscious public




              Eco-friendly underwear
target environmental
  conscious public
            target environmental
              conscious public

The alternative
 to traditional
cardboard shoe
 boxes, molded
carton made of
   100% post
   consumer
    recycled
    material
             enhance corporate image of
                 products/ services
    “Imagination at Work” ad campaign, meant to “humanize GE

                                                      school of
 windmills                                            goldfish
 arranged                                           swimming in
   in the                                           the ocean -
  form of                                          most Chinese
 Beijing’s                                         know they are
‘Birdnest’                                          freshwater
 Stadium                                           fish and could
                                                   only survive in
                                                      salt-free
                                                        water
enhance corporate image of
    products/ services




   Corn made USB thumb drive
enhance corporate image of
    products/ services
                   SHELL = third
                   largest oil company
                   in the world
                   BUT ALSO: sponsor
                   of the Natural
                   History Museum’s
                   Wildlife
                   Photographer of
                   the Year exhibition
enhance corporate image of
    products/ services
    “sweet talk/green wash”
a critical manufacturing process
    “sweet talk/green wash”
a critical manufacturing process




                    Eco-maintenance ticket
    “sweet talk/green wash”
a critical manufacturing process




        Germans do it better!
surfing the tide and benefiting
     from a popular trend




   The world’s first Eco Luxury Vodka
surfing the tide and benefiting
     from a popular trend
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
And she cant stop!
surfing the tide and benefiting
     from a popular trend
    surfing the tide and benefiting
         from a popular trend

Bling h20
($55/bottle)


“exquisitely
handcrafted with
Swarovski
crystals” and
“reusable”
All these purposes don’t seem to
  exactly be “Europe specific”
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.
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.
        BUT STILL,
a few “EUROPE SPECIFIC”
 peculiarities relevant for
 environmental marketing

  So, no distinctiveness at all??
The “factual” context

             This is
             the EU!

            A melting pot of
                 cultural
              diversities &
           different national
              approaches.
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).
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
  – SRO:Nothing specific
  – Consumer Organizations: Spanish Consumer Union (UCE)
    putting pressure on Government’s for regulation on
    environmental claims.
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.
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.
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).
         Thank you!
         Avv. Felix Hofer
Studio Legale Hofer Lösch Torricelli
           Firenze, Italy
      E-mail: fhofer@hltlaw.it
       Website: www.hltlaw.it

				
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posted:7/19/2012
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