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The Climate Litigation Database

Stiftung für Konsumentenschutz v. Kübler Heizöl

Geography
Year
2023
Document Type
Litigation

About this case

Filing year
2023
Status
Decided
Court/admin entity
SwitzerlandSwitzerland's Fair Advertising Commission
Case category
Suits against corporations, individualsCorporationsMisleading advertising
Principal law
SwitzerlandUnfair Competition Act
At issue
Whether an advertisement on oil as "climate neutral" is a violation of the Swiss Fairness Principles in Commercial Communication.
Topics
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Documents

Filing Date
Document
Type
Topics 
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Summary

The Fair Advertising Commission (FAC) is a non-judicial body that examines complaints alleging violations of the Swiss Fairness Principles in Commercial Communication. The Foundation for Consumer Protection (Stiftung für Konsumentenschutz) filed a complaint with the FAC against a heating oil provider (Kübler Heizöl) concerning the company’s advertisement of its heating oil product as “climate neutral” (case 168/23). The FAC held that this advertisement was misleading and recommended that the company refrain from it: “The complaint is upheld. The respondent is recommended to refrain from making the contested statement "xxxxxxxx heating oil is climate-neutral" in future, unless it creates a clear reference to the company and can provide full proof at the time of communication that all climate-relevant effects associated with production have been calculated using generally accepted methods, as well as unquestionable proof that these climate-relevant effects have been fully offset.” (translation from German)

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Group
Topics
Impacted group
Fossil fuel
Greenhouse gas
Economic sector