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Regional Court of Düsseldorf’s decision on climate neutral claims regarding candles - judgment

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On December 2012, a candle-manufacturer was sued by a competitor due to their advertisement in a newspaper, containing the following wording: ‘Climate neutral candles: […] All candles produced by [defendant] are climate neutral. [Defendant] strives for Zero CO2 emissions and consistently ensures climate-neutrality in their company, especially through the offset of CO2 emissions.’ The plaintiff argued that this claim was misleading and breached § 5 para. 1 of the Act against Unfair Competition.

On July 2013, the Regional Court of Düsseldorf confirmed the misleading nature of the claim. It held that from a consumer’s point of view it was not out of question that there existed new materials or combustion techniques without CO2 emissions and that it was precisely for this reason that the defendant’s candles differed from other candles. But in the present case, the defendant had not explained that the candles previously described as climate-neutral were in principle interchangeable because the company was committed to environmental protection and sustainability. Thus, the product-related statement was misleading. The Regional Court reiterated that environment-related advertising claims were subject to strict requirements which can only be fulfilled if the product characteristics are clearly separated from the corporate philosophy. This had not been done in the present case – in a misleading manner. Ultimately, it held that the description of the candles as ‘climate neutral’ was misleading because CO2 was released when the candles were burned.

Regional Court of Düsseldorf’s decision on climate neutral claims regarding candles

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An aim to achieve a quantifiable outcome within a given time-frame, set by an institution such as a national government.

Policy instruments are techniques or tools used by governing authorities to promote certain policies in order to achieve predetermined goals. Put simply, instruments are how a government tries to achieve its goals, with this taxonomy being focused on national policy instruments.

Risk is the potential for adverse consequences resulting from the dynamic interplay between (climate-related) hazards, exposure, and vulnerability of affected human or ecological systems.

Groups  of people who are adversely affected by climate change or the response to it

A set of principles, processes, and practices that build economic and political power to shift from an extractive economy to a regenerative economy.

Renewable energy means all forms of energy produced from renewable sources in a sustainable manner.

Fossil fuel is a generic term for non-renewable energy sources such as coal, fossil gas, and oil (including crude oil, and petroleum products), that can be used for electricity and heat generation. Fossil fuels are hydrocarbons formed from pressurised and heated organic material buried over millions of years.

Molecules in the atmosphere that play a key role in the greenhouse effect by trapping heat radiating from Earth’s surface.

Area of the economy in which actors engage in identical or related activities.

In human systems, the process of adjustment to actual or expected climate change and its effects, in order to moderate harm, increase resilience or exploit beneficial opportunities. In natural systems, the process of adjustment to actual climate change and its effects; human intervention may facilitate adjustment to expected climate change and its effects.

The management and allocation of funds, assets and investments to meet various objectives

A long-lived, colourless gas, chiefly emitted from fossil fuel combustion, deforestation and cement production.

This sector creates and distributes information and entertainment through television, radio, print, and digital platforms.

Oil is a combustible liquid fossil fuel composed mainly of hydrocarbons, occurring as crude oil and refined into petroleum products such as petrol, diesel and kerosene.

Either money or something of monetary value is transferred between two or more organisations, people or countries.

Regional Court of Düsseldorf’s decision on climate neutral claims regarding candles - judgment

Fossil fuel

Greenhouse gas

Economic sector

Finance