Commercial communications and green impact: IAP's ruling on "Lines Natura" products
The Institute of Advertising Self-Regulation (IAP) recently ruled on commercial communications used by the company Fater S.p.a., owner of the "Lines" and "Lines Natura" brands.
In order to advertise its products (i.e., feminine hygiene pads), Fater had designed commercial communications, delivered through its website and through flyers distributed inside points of sale, in which it emphasised both their biodegradability, that entailed a 90% reduction in CO2 emissions compared to a traditional tampon, and their recyclability.
A competitor company, Essity Italy S.p.a., brought an action before the IAP complaining that the messages disseminated by Fater, that focused on environmental benefits and green impact, were likely to mislead the consumer, contrary to the principles of professional diligence.
While not contesting that the above-mentioned goods were indeed made from environmentally sustainable materials, the applicant complained that these products were not actually recyclable. In fact, due to the organisational and technological capability within Italy, sanitary towels could not in practice be accepted and treated in composting plants even where they are certified as "compostable" or "biocompostable". For this reason, according to the applicant, the message contained in the 'Lines Natura' promotional campaign was misleading because, in practice, it would not be possible to recycle and reuse such products due to the absence of a suitable system for this purpose at a national level: consequently, the benefits associated with the information were not achievable.
Essity considered that the contested message was in breach of Articles 2, 3, 12 and 12 bis of the Self-Regulatory Code insofar as: 1) it highlighted the possibility of disposing of the products in the collection of wet waste and suggested that they could then be recycled through the creation of compost for agricultural use; 2) it failed to inform the average consumer that in Italy at the moment there is no possibility of composting such products; 3) it did not inform the consumer of the need to sanitise the products beforehand to reduce environmental risks.
Fater joined the proceedings asking the Giurì to declare its commercial communication compliant with the Self-Regulatory Code. Fater first of all pointed out that it was the only company in the sector that had undertaken to design and produce compostable sanitary towels in compliance with the European legislation and observed that in Italy there are municipalities (at least 211) that expressly provide for the return of wet/organic waste from compostable sanitary towels. In addition, with regard to the alleged risks to the environment deriving from the communication used, Fater noted that its advertising included a specific warning inviting consumers to inform themselves about the collection and disposal rules in force in their municipality.
The Giurì held that the information disseminated by Fater on the packaging of the Lines Natura line of products was lawful, noting, that the products were in fact suitable for disposal in the organic wet waste collection channel, in accordance with the European legislation relating to packaging and applicable due to their similarity with other goods of a different nature. Furthermore, considering that the inclusion on the packaging of the products of the warning to consult the rules of one's municipality on recycling makes the communication fully compliant with Community provisions. The Giurì, in fact, considered that prohibiting those who make biodegradable and compostable items from boasting about the results achieved would be contrary to the regulatory orientation aimed at favouring the production of such items in place of more polluting goods.
However, the Giurì did not consider lawful the messages contained within the leaflets disseminated by Fater, inside the points of sale of articles, for personal hygiene and large-scale organised distribution. In fact, while the environmental boast, on the product packaging, was generic and the information on disposal wasaccompanied by the warning to consult the rules provided by the particular municipality, in full compliance with the rules of the Code of Self-Discipline, the leaflets stated that the purchase of the product would lead to a 90% reduction in CO2 emissions. This information was found to be untrue because to achieve this result, the recycled absorbent needs to be treated in a composting plant, which is not the case in most municipalities. For these reasons, the Giurì ruled that the commercial communication used in the flyers was contrary to Article 2 of the Self-Regulatory Code and ordered its termination.
