Talking Shop April 2025
Written By
Partner
UK
I'm the global head of our International Retail & Consumer sector group. As a partner in our international Commercial group in London, I work primarily with retail & consumer focussed businesses on their domestic and international growth and expansion strategies.
Welcome to the April 2025 edition of Talking Shop!
This edition includes consumer law updates from France, Germany, Spain and the UK; an exploration of how the Ecodesign for Sustainable Products Regulation will affect electronics and household appliances; a round-up of 2024's most significant fashion-related IP decisions; and much more!
In the News & Events section you can find information about upcoming webinars on the Digital Markets, Competition and Consumers Act, and on how the new Ecodesign Regulation will affect businesses in the detergents and chemicals sectors.
Please get in touch or visit our webpage for more information about Bird & Bird's Retail & Consumer Group.
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In this edition:
Consumer Law
France: Are sellers required to inform consumers of their right of withdrawal when selling through social media?
The rise of e-commerce has given birth to new consumption models, particularly through social media platforms. This evolution has prompted lawmakers and courts to adapt traditional consumer protection rules to these emerging sales channels. A judgment delivered by the Montpellier Court of Appeal on 6 March 2025 exemplifies this trend, confirming that the obligation to provide pre-contractual information also applies to sales carried out via social networks.
Germany: The obligation to provide consumers with an online cancellation button
Since July 2022, German law mandates that businesses provide consumers with an online cancellation button, ensuring a simple and accessible method for cancelling online subscriptions. We previously outlined the legal requirements under Section 312k of the German Civil Code (Bürgerliches Gesetzbuch - BGB) in our 2022 summary, which can be accessed here. Recent court decisions have further clarified the obligations for businesses, particularly concerning mandatory logins in the cancellation process.
Spain: The impact of Law 1/2025 on consumers
On April 3rd, Organic Law 1/2025 on measures to improve the efficiency of the Public Justice Service has entered into force in Spain. This law introduces major novelties in the Spanish judicial system, which involve significant changes in relation to consumer regulations.
UK: Product safety law update - measuring up the Product Regulation and Metrology Bill
The current UK product safety regime originates from earlier EU law. However, changes made to EU rules since Brexit will not apply in the UK. While some progress has been made by the UK Government to look to update our domestic system, actual concrete reform has been lagging behind. In that context, the Product Regulation and Metrology Bill marks an important legislative step to reform the UK’s framework. The Bill has passed all stages in the House of Lords and its third reading in the House of Commons took place on 1 April 2025.
ESG
Europe: Greening electronics - how the ESPR will affect electronics and household appliances
The EU's Ecodesign for Sustainable Products Regulation 2024/1781 came into force on 19 July 2024, replacing the previous Ecodesign Directive 2009/125/EC. The ESPR introduces new, stricter obligations to improve the sustainability of products placed on the EU market and expands the scope of products to be covered by ecodesign legislation. It also introduces a digital product passport and a ban on the destruction of unsold consumer products. In particular, companies dealing with electronics and household appliances are facing the question of how the new ESPR will affect them.
Australia: Three wins in a row - Active Super to pay $10.5 million penalty in ASIC’s third greenwashing action
On 18 March 2025, the Federal Court of Australia ordered LGSS Pty Ltd as trustee for Active Super fund to pay a pecuniary penalty of $10.5 million for making false or misleading representations about its green and ESG credentials. This decision marks ASIC’s third successful greenwashing civil penalty action to date. We explore how the Court determined the appropriate penalty amount for greenwashing and provide key takeaways for businesses operating in Australia as we see a growing trend in greenwashing enforcement actions.
Australia: Court approves $8.25 million penalty and orders costs against Clorox for greenwashing marketing practices
Earlier this year, we highlighted the ACCC’s agreement with Clorox Australia to recommend a $8.25 million penalty against Clorox over its greenwashing practices which breached the Australian Consumer Law (see here). The Federal Court has now approved this penalty. The Clorox penalty serves as an important reminder to businesses that greenwashing practices can carry severe financial consequences.
Spain: Analysis of the Iberdrola vs Repsol judgment - first ruling in Spain on greenwashing practices
The ruling by Santander Commercial Court No. 2 on 21 February 2025, dismissing Iberdrola Energía España, S.A.U.'s lawsuit against Repsol Comercializadora de Electricidad y Gas, S.L.U., Repsol S.A. y Repsol commercial de productos petroliferos S.A. marks a significant moment in the legal landscape concerning advertising practices and sustainability claims in Spain. The decision serves as a crucial reference point for understanding how the Spanish courts may evaluate advertising practices related to sustainability and could influence future litigation concerning alleged greenwashing.
Netherlands: AMC’s new focus on sustainability claims in food sector
Since 2021, various steps have been taken by the Netherlands Authority for Consumers & Markets to promote honest and transparent sustainability claims in the Netherlands. This year, the ACM will specifically focus on sustainability claims in the food sector. On 24 April 2025, the ACM announced that it is sending sector letters to companies in the food sector requesting them to review their sustainability claims. Companies in this sector must apply the rules pertaining to sustainability claims correctly.
Intellectual Property
Global: Round-up of fashion-related IP decisions 2024
In 2024, courts and competent authorities in Australia, Belgium, the Czech Republic, Denmark, Finland, Germany, Italy, The Netherlands, Poland, Spain and the UK delivered a series of important rulings of interest to and affecting the fashion sector. We provide a round-up of the most significant fashion-related IP judgments issued in the period 1 January to 31 December 2024.
Read the full article here (Journal of Intellectual Property Law & Practice).
Europe: Brand consolidation - when less is more?
Brand consolidation means choosing one brand (or fewer brands) to replace multiple brands. This could mean choosing one existing brand and phasing out the other brands so that you are left with only one brand. Or a business might choose to adopt a completely new brand to replace all of the existing brands. Stripping back a crowded portfolio of brands can appeal from a costs and brand messaging perspective, but it is important to have a strong brand protection strategy to cover the transitional period and future plans.
News & Events
Webinar: Digital Markets, Competition and Consumers Act 2024: What do you need to know?
06 May, 12.30 BST, webinar
The Digital Markets, Competition and Consumers Act 2024 marks a significant shift in UK regulation and enforcement, introducing new requirements and enforcement powers in relation to digital markets, consumer rights and competition law. Coming into effect over the course of 2025 and 2026, the DMCCA is set to reshape the landscape for businesses of all sizes, introducing new obligations, enhanced oversight, and stricter penalties for non-compliance.
Our Consumer Law experts will guide you through the key features of the new regulation, highlighting the most important changes that you need to be aware of. Our Competition team will also highlight some of the key developments in enforcement, including CMA powers and procedure. This is an essential webinar for any business that interacts with UK-based consumers.
Webinar: How can you prepare for the new Ecodesign Regulation? Clean Chemistry - Ecodesign for Detergents and Chemicals
13 May, 10.00 BST, Webinar
In this fourth session of our webinar series, we will be focusing on the detergents and chemicals sectors to help your business prepare for these upcoming changes.
We will dive deeper into the ecodesign requirements for this sector and will discuss the upcoming legal obligations under the Ecodesign Regulation, which includes compliance with new standards for chemical composition, environmental labelling, and packaging, as well as the regulation of hazardous substances. We will also explore how these requirements integrate with existing chemical safety and detergent regulations, providing a comprehensive understanding of the legal landscape and strategies for ensuring compliance.
News: Bird & Bird advises the L'Oréal Group on its exclusive beauty partnership with JACQUEMUS, as well as on its minority stake acquisition
Founded in 2009 by Simon Porte Jacquemus, the independent, Paris-based brand JACQUEMUS is an independent fashion house with over 300 employees, well known for its exploration of storytelling. Fueled by a strong and innovative digital-first approach, JACQUEMUS has successfully expanded into retail, establishing an experiential physical universe. Building on this successful brand expansion, JACQUEMUS will now write its beauty chapter together with L’Oréal Luxe.
The L'Oréal Group was advised by Bird & Bird on the corporate and intellectual property aspects of its exclusive beauty partnership and minority stake investment. The Bird & Bird team also conducted the legal due diligence for this transaction on behalf of the L'Oréal Group.
