Spain

Relevant legislation or guidelines

• Law 3/1991, of 10 January 1991, on Unfair Competition.
• Law for the Defence of Consumers and Users.
• Advertising Codes of Conduct.

Is there any upcoming relevant legislation or guidelines?

There is no upcoming legislation or guidelines, however a Royal Decree on new packaging obligations and environmental labelling requirements is in draft and must be approved by the Spanish Authorities (currently in the process of approval at the Spanish Senate) before being implemented.

Who are the responsible authorities or bodies?

• AUTOCONTROL (the association responsible for managing the implementation and monitoring of codes of conduct for commercial communications).
• Judicial authority (the civil courts).

What are the enforcement measures?

• The Judicial authority (the civil courts) can order: injunctions; orders of removal from the market; damages; and compensation.
• A Consumer Protection Infringement can give rise to a fine between €150 to €10,000, with the possibility of exceeding these amounts up to two to four times the illicit profit obtained.

Who can pursue infringements?

• Consumers and competitors can bring a civil action before the Courts or a claim before AUTOCONTROL if they are affected by a company’s unfair commercial practices or misleading advertising (Unfair Competition Law).

What are the general rules of thumb for green claims?

There are no specific rules prohibiting green claims, but general rules must apply: claims must be based on true, pertinent and scientifically verifiable evidence, and shall not be misleading, unclear or ambiguous.

Do green claims need to be substantiated by evidence?

Claims must be supported by factual evidence that can be verified. Where these claims are challenged before the competent authorities, the evidence must be provided.