Towards the end of April 2023, Indecopi published the Draft Guide on Environmental Advertising (hereinafter, the “Draft”), so that advertisers, consumers and the general public can issue their comments and contributions on this document, which contains guidelines minimum standards that must be followed when disseminating environmental and sustainability advertising (hereinafter, “Green Advertising”), in order to avoid distorted or exaggerated messages regarding the positive impact on the environment of the products and/or services offered in the market; practice commonly known as Greenwashing.

Some of the highlights of the project are:

Regarding Green Advertising, advertisers must take into account the following principles: prior substantiation, Clarity, Pertinence, Transparency, and fair comparison. This in order to avoid misleading consumers regarding the positive impact on the environment that their products and/or services would have.
The advertiser must take into account the meaning of the environmental terms used, as well as the colors, images and, in general, the presentation of the product and/or service offered. Likewise, it must ensure that the information that it conveys to the consumer through its advertisements is accessible, and allows them to know if any stage of the product’s production cycle causes any negative impact on the environment.
Advertisers may include statements related to different specific parameters of environmental protection, in relation to carbon emissions, compostable products, degradable products, sustainable products, eco-friendly products and/or services, among others. However, these allegations will only be lawful if they comply with the aforementioned principles.
It should be noted that the Project is not a definitive document, therefore, it may be modified or updated by Indecopi. In this sense, economic agents and/or consumers can provide their opinions and comments on the Project until May 15, 2023 through an email addressed to consultas-ccd@indecopi.gob.pe

Finally, it is important to remember that the fines for non-compliance with the regulations for the repression of unfair competition amount to a maximum of 700 UIT. Therefore, it is important that advertisers take into account the guidelines proposed by the Project when disseminating environmental advertising.

For more information contact:

Mario Pinatte  | CPB Partner | mpinatte@cpb-abogados.com.pe