Advertisers frequently integrate environmental claims into their advertisements and promotions to portray their products and services as eco-friendly or green, and to shape consumers’ perception as to their positive environmental impact. This is particularly influenced by the growing environmental consciousness among consumers and advertisers. However, to prevent advertisements that may be false and misleading to consumers, or which exploit their environmental sensitivity, and potentially lead to unfair competition among competitors, detailed legal regulations regarding the use of environmental claims need to be established. This way, the protection of consumers and the prevention of unfair competition among advertisers can be ensured.
The primary goal of the legal rules regulating advertisements featuring environmental claims in Türkiye revolves around this core principle. Article 17 of the Regulation on Commercial Advertisements and Unfair Commercial Practices ("Regulation") specifically regulates environmental claims in advertising. Accordingly, (i) advertisements must not abuse consumers’ environmental sensitivity or their potential lack of knowledge; (ii) environmental signs in advertisements cannot be used in a deceptive manner; and (iii) environmental claims must be substantiated by scientific proof and technical demonstrations based on scientific studies, namely scientific evidence from the relevant departments of universities.
To guide implementation of the Regulation, the Advertisement Board enacted the Guideline for Environmental Claims in Advertising ("Guideline") in December 2022. Aligned with the provisions of the Regulation, the Guideline provides a road map on how to most appropriately make environmental claims in scope of advertisements and commercial activities by use of images and statements.
The Advertising Board is also particularly sensitive and attentive to advertisements that contain statements regarding targeted environmental impact in the future and wishes to prevent the exploitation of consumers' sensitivities by using statements in a misleading manner. Even before the enactment of the Guideline, the Advertisement Board rendered decisions examining aspirational claims related to targeted future environmental impact. In some cases, it was determined that the burden of proof was not fulfilled, while in other cases, it was determined that the relevant claims were supported by a clear and verifiable strategy plan of the advertiser.
For example, the Advertisement Board, in its decision dated October 2022, evaluated that an air transportation company's advertisements claiming "We Are Reducing Our Flight-Related Carbon Emission Intensity by 20% by 2030!" was related to the company's future targets and the Advertisement Board ruled that the said target was based on a clear and verifiable strategy plan of the company, and therefore, the claims were not illusory and were not in violation of the advertising rules.
In another decision issued in November 2022, the Advertisement Board scrutinized aspirational claims such as "With our bottles made of 25% recycled plastic, we aim to prevent the production of an average of 70 tons of pure plastic", "We aim to achieve net zero emissions by 2039, before 2050 as set by the Paris Agreement" and "Most of the components of our products are composed of highly biodegradable ingredients and our goal is to make this 100%" for a cleaning product. Based on the information, documents and test results submitted by the advertiser in connection with these claims, the Advertisement Board held that these claims were substantiated and were compliant.
The Advertisement Board clarified in the Guideline that aspirational environmental benefit claims can be used only if such claims are included in a strategy plan that is publicly available and verifiable. In other words, aspirational claims must not be misleading, advertisers must be able to demonstrate that such goals are scientifically provable.
After enactment of the Guideline, the Advertisement Board clearly referred to such principle in its recent decision dated June 2023. The Advertisement Board examined the "Zero Carbon Target" claim of an advertiser. The advertisements claiming "We have set a new target for ourselves; Zero Carbon Target! Within the framework of the Zero Carbon Target, new updates in our production areas, supply chain and products", "We redesigned our globally unique products with the Zero Carbon Target. We prefer 100% recyclable films in product packaging and used plant-based dyes in its minimalist design” were found to be misleading. The Advertisement Board reasoned that environmental aspirational claims can be used only if such claims are included in a strategy plan that is publicly available and verifiable. The Advertisement Board held that the claims published in the company's website could not be substantiated by sufficient evidence to be gathered from the universities or accredited research, testing and assessment institutions. The Advertisement Board issued permanent cease order for these advertisements.
Based on the decisions, it is evident that the Advertisement Board conducts a thorough assessment regarding the basis of aspirational environmental claims and examines whether the burden of proof is properly fulfilled or not as per the legislation in force. The Advertisement Board established a uniform practice in its decisions regarding the supervision of aspirational environmental claims.
First published by GALA Blog in Sep 18, 2023.