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The Climate Litigation Database

Stiftung für Konsumentenschutz v. Hipp

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, individuals (Global)Corporations (Global)Misleading advertising (Global)
Principal law
SwitzerlandUnfair Competition Act
At issue
Whether an advertisement for "climate-positive" 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 German producer of baby food (Hipp) concerning the company’s advertisement of its baby food jars as “climate positive” (case 169/23). 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 "Our jars are climate-positive" in future, unless it can provide full proof at the time of communication of the calculation of all climate-relevant effects associated with production carried out in accordance with generally accepted methods, on the one hand, and unambiguous proof of the full overcompensation of these effects, on the other. climate-relevant effects associated with the production on the one hand and, on the other hand, unquestionable proof of the complete overcompensation of these climate-relevant effects climate-relevant effects.” (translation from German)

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Group
Topics
Impacted group
Fossil fuel
Greenhouse gas
Economic sector
Finance