The Legal Border Between Green Marketing and Greenwashing
The Legal Border Between Green Marketing and Greenwashing

Author(s): Radka Kopčova
Subject(s): Social Sciences
Published by: Udruženje ekonomista i menadžera Balkana
Keywords: Green marketing; Greenwashing; Green economy; Green entrepreneurship; Environmental claims; Green claims Directive; Unfair competition; German case law; Consumer protection
Summary/Abstract: One of the modern practices of competitors in order to attract environmentally-minded consumers is the use of various forms of environmental claims. These are voluntary claims, especially in advertising, which are part of green marketing. However, sometimes such environmental claims are misleading and constitute the so-called "greenwashing", which is prohibited by law. The author explores the border between green marketing and greenwashing. In this context, the author defines the green economy, green marketing and green advertising as part of business in competition. The author points to the current trend of consumer and environmental protection in the legislative development of EU law and evaluates the Proposal for a Directive on substantiation and communication of explicit environmental claims (Green Claims Directive), also in relation to other related EU directives. The author extensively analyzes German case law and points to the need for transparency and sufficient explanation in advertising, referring to the environment.

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