New practices with regard to environmental claims in marketing

Moll Wendén have been successful, on behalf of their clients, in a Market Court hearing.

The Market Court approved Moll Wendén client’s main claim for an injunction which prohibited the other party from using the contested marketing material, on pain of a fine of 1 million kronor.

The counterparty must, by 26 September 2010, have removed the term “locally” on all product packaging relevant to the case.

The term “locally produced”

The ruling is a precedent in terms of how Swedish food operators may use the term “locally produced”. The Market Court confirmed that the expression “locally” is perceived as locally produced. As a consequence, the court found that the term is unreliable in the nationwide promotion of a production that only occurs in one location in Sweden.

Occurred over a long period

Where warranted, the Market Court also stressed that it was not prevented from examining claims that concerned marketing which had occurred over a long period, neither did the fact that a trader had chosen to shape their marketing in the form of questions mean that they couldn’t be tested. As a result, it also prohibited two marketing claims formulated as rhetorical questions and used since 1994.