Transportation

Alcantara Wins Major Court Battle Against Greenwashing


In a major test case, an Italian judge cited the “rapid expansion of the pathological phenomenon of greenwashing” in ruling against an automotive textile supplier for overstating claims about the environmental benefits of its products.

The decision was handed down on November 26 but only now being released. In the action, textile manufacturer Alcantara S.p.A. sought, and won, an injunction against competitor Miko S.r.l. requesting it both remove and cease promoting environmental benefits of its Dinamica product. The two companies provide high-end fabrics for the auto industry.

“We have been forced to undertake this action because at a given point it was clear this was the only way to have Dinamica give up performing this communication which in our opinion deceiving, false, and for sure, not in favor of us,” Alcantara Chairman and CEO Andrea Boragno in an interview with Forbes.com. “For sure I can tell you at least potentially this communication was harmful against Alcantara.”

Specifically, Alcantara took issue with eight claims made by Miko regarding its Dinamica product:

  1. Made of “recycled polyester” or similar
  2. “The first and only microfibre that guarantees environmental sustainability throughout the productive cycle” or similar and “the first sustainable and recyclable microfibre” or similar
  3. “100% recyclable” or similar and “100% recyclable at the end of its lifecycle” or similar
  4. “Reduction of energy consumption and CO2 emissions by 80%” or similar and “Reduction of carbon footprint through polyester recycling” or similar
  5. “Environmentally friendly” or similar
  6. “Natural choice” or similar
  7. “Eco-friendly microfibre” or similar
  8. “Absence of harmful substances” or similar, “Use of non-harmful dyes” or similar and “Use of neutral and non-toxic dyes” or similar.

In her ruling, Judge Francesca Clocchiatti targeted Mika’s claims as both false and ambiguous writing, “In the present case the advertising messages alleged of by the applicant are certainly very generic in certain cases – natural choice, friendly to the environment, the first and only microfibre that guarantees eco-sustainability throughout the production cycle, ecological micro-fibre – and they certainly create for the consumer a green image of the company without actually taking into account the company policies that allow a greater protection of the environment and actively reduce the impact that the production and marketing of a fabric derived from petroleum can have positively on the environment and its respect.

Furthermore, it should be pointed out that certain concepts reported in the advertising campaign are contradicted by the composition and origin of the fabric itself, since it is difficult to suppose that it can be considered a natural fibre.”

The judge also pointed out how such false or generic claims can add up to an unfair competitive advantage saying “awareness of environmental issues is nowadays very high and the ecological virtues praised by a company or product can influence the average consumer’s purchasing choices”, adding that “green environmental statements which must be clear, true, accurate, and not misleading, based on scientific data presented in an intelligible manner”.

In addition to the injunction against continuing to advertise its claims, Mika was ordered to post the court’s decision on its website for at least 60 days starting December 6.

Alcanatara attorney Gianluca De Cristofaro told Forbes.com this case represents the highest-level action in Europe against greenwashing, noting, “until now only decisions were issued by competition authorities, but never from an ordinary court. It’s very clear that the claims must be accurate, clear, why, because the customer now is very sensitive to the green issue. As an advertiser you need to be careful about your communication for customer and fair competition.”

Boragno has been a leading figure in fighting greenwashing as environmental responsibility is a major policy and selling point for the company. Alcantara  is one of the first companies in Europe to earn a carbon-neutral certification.

In October Boragno was a key organizer of a symposium in Venice, Italy aimed at combating greenwashing. He looks at the decision in the case against Miko as a significant step saying “I really think this should be a starting point and I hope it’s a starting point. Unfair communication, greenwashing, referring to sustainability must be stopped. This is very clear. Greenwashing is an enemy, greenwashing is deceiving to the consumer, is creating cases of unfair competition.”



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