Peters & Peters

ESG Enforcement Tracker

Charting the rise of criminal and regulatory enforcement

Italian court rules that Miko ‘green’ adverts were false and ambiguous

Date:
15 July 2021
Relevant legislation/regulation:
Article 2598(3) of the Italian Civil Code and the Unfair Commercial Practices Directive no 2005/29/EC
Jurisdiction:
Italy
Status:
Closed
Regulator/enforcement authority:
Civil case
ESG Category:
Environmental
Defendant(s)/subjects(s):
Miko S.r.l.

Key Facts:

In November 2021, the local court of Gorizia in Friuli-Venezia Giulia, Italy, ruled on a claim brought by a textile manufacturer against a competitior, Miko S.r.l.

The action concerned widespread green claims made by Miko about one of its microfibre products. These included claims that the product was “100% recyclable”, “the first sustainable and recyclable microfibre”, “environmentally friendly” and a “natural choice”.

The court reviewed these claims and applied guidelines issued by the European Commission on Unfair Commercial Practices. The court found that Miko’s environmental claims were vague and non-verifiable (among other things) and needed to be immediately removed from Miko’s promotional material. The court also ordered Miko to publish its decision on its website for 60 days.

The court of Gorizia’s decision was later reversed on appeal for procedural reasons.

Sources: 

Forbes article and Italian judgment

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