Czech Republic

Relevant legislation or guidelines

Czech Consumer Protection Act No. 634/1992 Coll. In particular:

• Section 18b, which prohibits unauthorised use of ecolabel.
• Section 5, which prohibits consumer misleading conducts.
• Annex 1(b), according to which it is always a misleading commercial practice if a trader makes an unauthorised use of a quality mark or other similar indication.
• Section 5a, which prohibits misleading consumers by omitting information.

The rules for labelling food and food products with "bio" or "eco" labels are contained in Act on Organic Agriculture No. 242/2000 Coll.

The issue is also regulated in Czech private law. The Czech Civil Code, No. 89/2012 Coll., contains a prohibition of unfair competition (Section 2976 et seq.), which is inter alia misleading advertising, comparative advertising, misleading description of goods or services or conduct contributing towards mistaken identity.

Is there any upcoming relevant legislation or guidelines?

No.

Who are the responsible authorities or bodies?

• Czech Trade Inspection Authority
• Council for Radio and Television Broadcasting
• Regional Trade Licensing Offices
• State Agricultural and Food Inspection Authority (for food labelling)
• Specific categories of goods and services (e.g. health products) are supervised by special authorities.
• Judicial authority (civil courts).

What are the enforcement measures?

• An advertisement that constitutes a misleading commercial practice under the Consumer Protection Act (and is therefore prohibited) will be assessed by the state authorities as an administrative offence and a fine will be imposed.
• Under private law, competitors and customers may require the responsible party to refrain from unfair competition and/or to remedy the harmful situation, and/or seek appropriate compensation, damages and/or unjust enrichment and/or they may demand a publication of the judgment or an apology. They may seek the above by means of a warning letter and subsequently through a lawsuit. In addition, they may file a preliminary injunction.

Who can pursue infringements?

• State authorities within whose area of supervision the violation occurred
• Competitors, whose right has been threatened or infringed by unfair competition
• Customers, whose right has been threatened or infringed by unfair competition
• A legal person authorised to defend the interests of competitors or customers

What are the general rules of thumb for green claims?

• Green claims shall be clear, true, correct, and not misleading.
• Whether or not a claim is misleading is assessed based on the subjective perception of the public to which the act of communication is addressed.
• Therefore, a claim can objectively be true, but subjectively misleading (given the circumstances and context in which it was made) and therefore unlawful.

Do green claims need to be substantiated by evidence?

• Green claims should generally be substantiated by factual and truthful information that can be verified.
• In case the green claims are challenged before the competent authorities, evidence must be provided.