Guideline On Advertisements Containing Environmental Declarations Was Published

With the Guideline the aim is to guide advertisers, advertising agencies, and media organizations to ensure that all commercial advertisements and unfair commercial practices involving declarations, phrases, and visuals related to the environment targeting consumers shall be in compliance with the Law on Consumer Protection ("Law"), the Regulation on Commercial Advertisements and Unfair Commercial Practices ("Regulation") and the applicable legislation.

A. General Principles Regarding Advertisements Containing Environmental Declarations

According to the Guideline, advertisements shall not be made in a manner that exploits consumers' environmental sensitivity or lack of knowledge, and environmental signs, symbols, and approvals shall not be used in a misleading manner. In advertisements regarding goods for which energy labeling is mandatory under the Regulation on Framework for Energy Labeling , it shall be mandatory to indicate the energy efficiency class of the relevant good in the event that information on energy efficiency or price is included.

Under the Guideline, the concept of environmental declaration is defined as a commercial advertisement or commercial practice such as a statement or visual indication that a good or service provides environmental benefits or does not have a negative impact on the environment in relation to its component, production, supplying on the market, use or disposal processes.

Accordingly, it is stated that general environmental concepts and environmental declarations that contain technical meanings that is not understood by the consumer, cannot be used without an explanation that matches the characteristics of the product. In this context, general concepts such as "green", "sustainable", "eco-friendly", "zero waste", "energy efficient", "recyclable", "carbon neutral", "renewable", etc. cannot be used in an advertisement without explanation regarding its qualifications and/or in a way that causes uncertainty for consumers regarding the environmental impact of the relevant good or service.

Advertisements containing environmental declarations must comply with the following requirements;

• If the media in which the advertisement is published is limited in regards to explaining the conditions for environmental declaration, there should be indications directing to the media where detailed information can be accessed.
• The section, part, or process of the goods or services to which the environmental declaration relates and if any, special conditions for the environmental declaration should be specified.
• Environmental declarations made in accordance with the standards, prohibitions, and legal processes brought by the relevant legislation shall not be used in a misleading manner to create the perception that the product is different or superior to its competitors and equivalents,
• Declarations on the planned long-term environmental impacts of goods or services should be included in a strategy document that is accessible and verifiable by consumers,
• Environmental declarations used in advertising should not be used in a way that could mislead consumers into thinking that the good or service has a more positive and sustainable contribution to the environment than it actually does,
• Declarations regarding a good that its being "biodegradable", "degradable" or "recyclable" shall be included in an explanatory manner./li>
• It is stipulated that environmental declarations in the form of comparison and benchmarking in advertisements must clearly indicate the content and scope of the comparison.

Furthermore, it is emphasized the importance of the necessity to abstain the advertisement that (i) attach little importance to consumer behavior that leads to environmental pollution or accumulation of waste, (ii) encourages non-recyclable packaging, (iii) encourages consumers to neglect the negative environmental impacts of their actions, and (iv) encourages or tolerates inappropriate waste disposal, as well as unsustainable consumption and non-eco-friendly approaches. Accordingly, under the Guideline; it is stated that the declarations and visuals in advertisements and the good or its packaging should not directly or indirectly mislead consumers which is explained with the following example:

B. Analysis of Certificates and Approvals in Advertisements Containing Environmental Declarations

The scope, basis, and reliability of the certificates and approvals specified in regard to the goods or their packaging or services subject to the advertisement must be verified. In this respect, the relevant certificates and approvals must be verified by information and documents obtained from national competent authorities and institutions, universities or accredited research, testing, and evaluation institutions and consumers should be directed to a platform where they can access detailed information on the certificates and aprrovals in the area where the advertisement is published or through a link to be indicated on the advertisement or product.

C. Analysis of the Obligation in Case of Violation of the Guideline

Lastly; advertisers, advertising agencies, and media organizations shall be responsible for the environmental declarations in their commercial advertisements in accordance with the Guideline. Correction and/or remediation of the advertisement or commercial practice that is not in compliance with the Law, the Regulation, and the Guideline will not eliminate the responsibilities regarding the violation. Accordingly, if the obligations stipulated in the Guideline are not fulfilled, administrative fines may be imposed in accordance with the Law.

The Guideline published by the Board of Advertisement can be found here.


MORAL | KINIKOĞLU | PAMUKKALE | KÖKENEK
Cerensu Çetin Yenigün, Senior Associate
Zeynep Yalçın, Associate