News and Publications

Please find below some recent news of relevance for the life sciences sector as well as press releases and publications published by us.

Ex-Ante Certification and Substantiation of Environment-Related Advertising Claims according to the Draft Green Claims Directive: Disproportionate Bureaucracy or Useful Addition? (Ex-Ante Zertifizierung und Substanziierung von umweltbezogener Werbung nach dem Entwurf der Green Claims-Richtlinie: Unverhältnismäßiger Bürokratismus oder sinnvolle Ergänzung?)

On 22 March 2023, the Commission published a draft directive on environmental claims (‘Green Claims Directive’), which is intended to provide companies with a framework for advertising their progress in the area of sustainability in a reliable manner and thus contribute to more sustainable consumer behaviour. In order to achieve this goal, the Commission’s draft primarily formulates a comprehensive substantiation obligation for environmental claims and combines this with the obligation to have the internal assessment reviewed in advance by an external review body – a first in the current legal framework. More than a year after the publication of the Commission’s draft, the European Council has now also set out its official ‘general approach’ to the Commission’s draft, proposing numerous amendments. This article assesses the Commission and Council draft on the Green Claims Directive from a practicability perspective, taking particular account of issues that could be of interest to the medical device industry, above all the planned ex-ante certification of advertising claims.

Christian Hübner und Christian Binder, MPR 5/2024, page 185 ff.

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