SECTION A OVERVIEW

Updates
Ro review Feb 2020
Links refreshed May 2020 

And again September 2020

Jeep ruling May 2021
Kia ruling October 2021

ICC Environmental framework 2021 (Nov)

In Swedish here June 2022

BMW iX environmental claim ruled misleading 

Ad re above is here (SW) July 2022 ruling

Tesla is fined millions of dollars for false advertising

Above from Electrek January 2023 re Korean market 

New labelling for 'light vehicles' (SW) Feb 2023

CCD II proposal plenary vote September 2023 (EN)

CCDII Directive; EU summary here

EASA Update CCD October 2023 (re car finance)

Reviewed November 2023; 2 links renewed

New ICC Code September 19, 2024

New ICC Code September 19, 2024

Press release here and key changes here

...............................................

Directive (EU) 2023/2225 of the European Parliament and of the Council of 18 October 2023
on credit agreements for consumers and repealing Directive 2008/48/EC

EU summary here. The directive to be transposed into national law by 20 November 2025

Sweden’s regulatory regime for the car sector is relatively tough, especially as it relates to the environment. There’s no car code as such, though the car trade association Bil Sweden, from March 2022 Mobility Sweden, provides guidance on environmental claims - see below; the European and national laws relating to energy data and credit follow familiar patterns with some national delivery quirks. The Marketing Act 2008:486 (EN) (SW) is at the heart of communications legislation in Sweden, providing rules from the Unfair Commercial Practices Directive 2005/29/EC. The Swedish advertising Self-Regulatory Organisation is Reklamombudsmannen (RO), the Swedish Advertising Ombudsman. RO assess complaints according to the International Chamber of Commerce (ICC) Advertising and Marketing Communications Code (EN), obviously per the Swedish translation. The commercial online environment is in remit; as looser ‘boundaries’ prevail online, it’s important to understand what is and isn’t advertising: definitions (from the 2018 ICC code) are here ICC and MA. The ICC definition is ‘any communications produced directly by or on behalf of marketers intended primarily to promote products or to influence consumer behaviour.' The Swedish Marketing Act defines as 'including all statements regardless of medium that have a commercial purpose and which are subject to purely commercial circumstances.'

As above, there Is no car marcoms code per se in Sweden; it’s not unusual for countries to forego specific sector codes, but it does mean that safety provisions will come from broader regulations that apply to several sectors, and from road safety legislation from the Swedish Highway Code (SW) which provides the driving behavior and seat-belt stipulations, for example. While there is no specific statement that car advertising must reflect the rules of the Road Traffic Act, the general code (in the case of Sweden, the ICC Code EN) covers the issue via safety and responsibility clauses in articles 1, 2 and 17, article 2 requiring that marketing communications should not appear to condone or incite violent, unlawful or anti-social behaviour. The code applies to all sectors, cars included, and is set out under the General tab below. Details for car marcoms including road safety clauses, extensive environmental requirements, and adjudications from the authorities are in the following content section B. Note that cars must have their lights on in Sweden at all times (when driven), meaning that commercials should show (in motion) cars with their lights on.

As mentioned above, this is particularly sensitive territory in Sweden. Some input/ guidelines on environmental claims specific to cars are contained in the form of a January 2021 seminar on the issue held by Mobility Sweden, the Swedish trade association for car manufacturers and importers, with Ro the advertising ombudsman and the Swedish consumer agency (a key government agency in this context) contributing. All charts from the seminar are here in Swedish and the most directional translated here (also showing the original Swedish). Any depiction of off-roading is particularly difficult: adjudications point to the Off-Road Law Terrängkörningslag 1975:1313 SW, which prohibits off-road driving unless for purposes of forestry or agriculture, or should you be picking up a bear, moose, deer or wild boar, for example. The most helpful guidance in that specific context is here (SW; updated August 2021), from the Swedish Environmental Protection Agency. More general guidance relating to advertising and the environment can be found on the Swedish Consumer Agency website which draws on the principles within Chapter D - Environmental claims in marcoms - of the ICC Advertising and Marketing Communications Code (EN 2018; 2024 code here); a reminder that RO assess complaints according to the ICC Code). Also relevant in this context is the ICC Framework for Responsible Environmental Marketing Communications 2021 (EN), updated and issued in November 2021, in Swedish here. Appendix I carries a handy environmental claims checklist. Full information on environmental claims is in the content section B that follows.

Some rulings, or Beslut (decisions/ resolutions), as Ro refer to their adjudications, related to safety and environment are shown in the following content section B. This Kia ruling of October 2021 is interesting because of its topicality - an Influencer is fronting the message - and because of the nature of the ad marking and its interpretation by Ro. The original video on TikTok is here. Also on a sensitive subject - in Sweden in particular - in this case sexism, is this ruling (SW) on a Mercedes print ad, deemed by Ro as not sexist. The fact that there was a complaint about this ad might provide an indication of the degree of care that needs to be taken in this territory. This ruling (SW) from July 2022 upholding a complaint against a BMW iX poster is an example of how Ro are deploying the ICC environmental framework referenced above.

The Swedish Consumer Agency - a statutory authority - provides in KOVFS 2018:3 (SW) Guidelines on information about the fuel consumption and CO2 emissions of new passenger cars. This is the version effective January 2019, in line with Commission Recommendation 2017/948; WLTP values only must be shown from 2020. A significant change from the previous guidelines 2010:3 is that information must be provided in ‘electronic' ad material, as well as printed media. This includes 'moving representations' online, e.g. videos on social media. Background/ explanation is here (SW; see p.9 translated here), the Consumer Agency’s note on this issue; information by channel in our channel section C.

SECTION A OVERVIEW

Updates since July 2022 (slimmed)

BMW iX environmental claim ruled misleading 

Ad re above is here (SW) July 2022 ruling

Environmental claims: the use of ‘Ecolabels’
Above from lawyers Vinge/ Lex October 2022

Lufthansa case (SW) November 2022

Proposed fossil fuel ad ban March 2023 (SW)

Motion linked above; Ro commentary here (SW)

Controlled advertising in Sweden. Wistrand/ Lex

Use of superlatives. Vinge/ Lex July 10, 2023

Influencer fined 1mil k by P&M court (SW)

Above from Dagens Opinion October 27, 2023

Above for 'home baking', vego and soft cheese

Marketing And Pricing Information In The Spotlight

Lindahl Dec 29, 2023 re influencers & sales

Greenwashing review. Berggren Oy Jan 24, 2024

Latest RO decisions; thin models (SW) Feb 2, 2024

Ro newsletter Mar 27, 2024. Misleading prices (SW)

Latest Ro decisions; more thin models. April 26, 2024

Ro newsletter June 17, 2024. 'Stupid' Norwegians (SW)

New ICC Code September 19, 2024 (EN)

RO on the C-word Nov 13, 2024. Ad here

2024 ICC Code Swedish translation Nov 13, 2024

New ICC Code September 19, 2024 (EN)

Above translated Nov 2024, applicable January 2025

RO seminar March 7 re ad identification in influencer marketing (SW)

New rulings on discrimination in advertising (SW) Nov 1, 2023

Includes some new criteria for gender-discriminatory advertising

Advertising & Marketing 2023 Sweden October 17 Chambers

THE SRO’S GENERAL RULES

The Swedish Self-Regulatory Organisation (SRO) is Reklamombudsmannen (RO), more formally the Advertising Ombudsman. RO assess complaints according to rules from the International Chamber of Commerce (ICC) Advertising and Marketing Communications Code, which is linked here (EN 2018, updated September 2024 here) and translated here (SW 2024). Rules are available from the linked document above; the most important are spelt out in our content section B below.

THE MARKETING ACT

The other significant influence on advertising rules in Sweden is statutory: the Marketing Act 2008:486 (EN), which in Sweden provides the cornerstone of communications legislation, provides rules from the Unfair Commercial Practices Directive 2005/29/EC. The Act also transposes other European marketing/ privacy legislation such as Directive 2000/31/EC on information society services (e-Commerce), and Directive 2002/58/EC on the protection of privacy in electronic communications, meaning that a number of European marketing eggs are in a single Swedish basket. There's a helpful Q&A on misleading advertising practices in Sweden from Wistrand via Lexology here (EN; March 2023) and Prohibited and controlled advertising in Sweden from Wistrand here (EN; also March, 2023). Relevant rules are shown in our content section B and channel section C below, as applicable. The transposition of Directive 2019/2161 (the 'Omnibus Directive') introduces new rules into the Marketing Act and the Price Information Act, amongst others less relevant to this database. The government's bill here (SW) amends the Price Information act under Article 2.2 for promotional pricing rules and the Marketing Act under 2.4 for criteria in search rankings and the legitimacy of consumer reviews (sections 12b and 12c respectively). Transposition is faithful to the Directive. 

APPLYING THE RULES

Day-to-day application of the rules is by RO, per the normal self-regulatory process. However, there is an additional procedure in Sweden: if the case arouses the interest of the Swedish Consumer Agency, a significant influence in marketing regulation, adjudication is via the Patent and Market Courts. A complaint can be taken to court by the Consumer Agency as well as by competitors or a group of consumers/ traders/ workers. For some perspective, here are The Market Court's decisions from 2000 to 31 August 2016; these are in Swedish, but there's a translation facility on the site which provides the gist. The Consumer Agency publishes a number of guidance papers in marketing and advertising; some of these are shown in our content and channel sections below. The general advertising and promotional environment in Sweden is somewhat restrictive and conservative.

NATIVE AND INFLUENCER 

The ICC’s Guidance on Native Advertising (EN) is based on the ICC Code (EN 2018, updated September 2024 here) itself, drawing on articles 7 and 8 (Identification and Identity), B1 and C1 (Sponsorship and Digital communications respectively). Clauses from the guidance are set out in full in channel section C. The Marketing Act’s (EN) Section 9 similarly requires clarity that advertising is advertising: ‘All marketing shall be formulated and presented in such a way that it is clear that it is a matter of marketing’. In May 2016, the Nordic Consumer Ombudsmen jointly published their ‘Position on Hidden Marketing’ (SW / EN), and the Swedish representative also publishes Guidance on Marketing in Social Media (SW / EN) video here (SW), which covers influencers primarily, requiring that influencer posts are very clear that they are paid for - the likes of 'in collaboration with' don't cut it. See below and our channel section C for more. 

Three key cases

The first case in Swedish courts about ad identification in social media - the ‘Kissie case’ re a well-known Swedish blogger and influencer Alexandra Nilsson - is linked here in Swedish; English commentary here from Lexology. According to RO, the court set a high standard, in line with RO's decisions. Among the rulings are that it must be clear when a post has been paid for and the identification itself must also be clear - i.e. its position within the post/ blog must be prominent. See pps 42 and 43 of the linked case, unofficially translated here. This case is likely to result in new rules being issued, probably by the Consumer Agency. A second significant case regarding Influencer posts on behalf of an eyewear company, and whether all posts versus contracted posts qualify as marketing communications, is here (EN) courtesy of AWA/ Lex. The third case, reported by Lindahl/ Mondaq December 29, 2023 here, is re Clean Eating AB and the influencer Katrin Zytomierska, recently judged to have contravened the Marketing Act.

ENVIRONMENTAL CLAIMS

Vinge on EU green claims and Swedish law  June 18, 2024 (EN)

Greenwashing review. Berggren Oy Jan 24, 2024

Proposed fossil fuel ad ban March 2023 (SW). Parliamentary motion from Social Democrats referred Dec 2022

Swedish Court forbids “net-zero” claims based on climate compensation. Bird&Bird LLP/ Lex Feb 21, 2023

Lufthansa case (SW) November 2022 re carbon offsetting

This is, as you might imagine, a high profile issue in Sweden. Guidance on environmental claims in advertising is from the Swedish Consumer Agency (link is to the relevant section in Google English; translated properly in our content section B under point 2.3); the  guidance draws on the principles within Chapter D - Environmental claims in marcoms - of the ICC Code (EN 2018, updated September 2024 here). Also providing guidance is The ICC framework for responsible environmental marcoms (November 2021, in Swedish here and commentary from Ro newsletter here), which includes an environmental claims checklist under Appendix I. The Nordic Consumer Ombudsmen 'Use of Ethical and Environmental-related Claims in marketing' is here in Swedish and translated here. The definitive guidance at the EU level is the December 2021 Commission Notice on the interpretation and application of the Unfair Commercial Practices Directive; section 4.1.1 for environmental claims. The Ro newsletter of October 2021 included this brief review of 'greenwashing' (SW) together with some recent cases and in December 2021 an Innocent juice case (SW) was published: complaint upheld because of insufficient evidence of the environmental benefits shown in the commercial, an English version of which is here (the commercial is now removed; this pressure group video includes what appears to be a large part of it). There is a detailed segment on environmental claims in our following content section B. The WFA launched their Planet Pledge in April 2021 and Global Guidance on Environmental Claims April 2022. On 7 October 2021, Google launched a new monetization policy for Google advertisers, publishers and YouTube creators that will prohibit ads for, and monetization of, content that contradicts well-established scientific consensus around the existence and causes of climate change. More here. DLA Piper's August 2024 Environmental Advertising Claims Guide includes Sweden in its comprehensive coverage.

PRICING

This piece Dec 29, 2023 from Lindahl/ Mondaq reports that the Swedish Consumer Agency is "carrying out a comprehensive examination of companies' price reduction campaigns during the autumn in order to investigate retailers' compliance with the new rule on price information." This relates to the new rules shown below regarding amends to the PPD 

ECJ '30 day' judgement Aldi promotional pricing Sept 24, 2024

The case is here; Pinsent Oct 4 commentary here 

Generic pricing rules applicable to all advertising are from the Marketing Act (EN) in Sections 10 and 12 and the Price Information Act - English translation here - which requires the trader to provide accurate and clear pricing information on products; in particular Sections 7-10 must be observed when marketing a product with a stated price, also as per Section 2, the Swedish Consumer Agency’s regulations on price information KOVFS 2012:1, guidance here (links are to the Swedish originals; details and translations where required are in our later Content Section B). The Marketing Act Section 12, which transposes the pricing elements of the Unfair Commercial Practices Directive 2005/29/EC, deals with the rules when communicating an ‘Invitation to Purchase’. Again, details in content section B. The European position provides amendments from the Directive 2019/2161, which established in the Product Pricing Directive (PPD) 98/6/EC a new article 6a which sets out provisions for reduced/ promotional pricing (see ECJ case above). Transposition in Sweden is via the government bill here (SW) under article 2.2. Commission guidance for the application of the article is here.

CHILDREN

There’s a common perception that advertising to children is entirely prohibited in Sweden. Not the case, though it is a particularly sensitive issue that should be treated with some care. Clearly, children are protected from sectors that they are not permitted to use, such as alcohol (advertising is prohibited to those under the age of 25), or gambling which may not be aimed at under 18s. Meanwhile, the rules for all product sectors are that advertising on television may not appeal to children under 12, according to The Radio and TV Act 2010:696 (EN unamended version, SW amended version here). A separate rule from the Marketing Act Section 7, applicable in all media, requires that advertising may not exhort those under the age of 18 to buy advertised products or persuade their parents or other adults to buy advertised products for them. The Swedish Consumer Agency’s Guidance on marketing aimed at children and young people is an important influence in this context. A document that shows the original Swedish with a translation is here. The rules on communicating to children are covered in depth in a separate sector available from the home page of this website.

STEREOTYPING

Gender portrayal in Sweden is highly sensitive and subject to special criteria. The ICC Code (2018) article 2 (part): ‘Marketing communications should respect human dignity and should not incite or condone any form of discrimination, including that based upon ethnic or national origin, religion, gender, age, disability or sexual orientation’ is supplemented by RO with further criteria under three topics (original Swedish here; see above under News/ Issues):

1. Advertising that objectifies: advertising that portrays people as sex objects, for example via clothing, pose and context, in a way that can be considered to be degrading. What is considered to be degrading is influenced, among other things, by whether the person has a connection to the product and how and where the advertising has been shown;
2. Stereotyping in advertising: advertising that portrays people in stereotypical gender roles and which can be considered to describe or convey a degrading presentation of women or men;
3. Advertising that is degrading in any other way and therefore is obviously gender discriminatory.

There’s an example case here (SW) re the Suit Supply company. The ad is here.

See also the Sambla loans case re 'older craftsmen' here; ad taken down

CHANNEL RULES

As well as what you can say, there are rules for where you can say it, to whom and when, and the information that must by law be included in, for example, some electronic communications. These rules apply to all products. Our channel section C sets them out by medium; this para is a brief summary with links to the regulations and guidance documents.

As above under the Children sub-head, the Radio and TV Act 2010:696 (EN) prohibits appeal to children ('Advertising ……may not aim to capture the attention of children under the age of twelve’), and sets out other rules on advertising, sponsorship and product placement in broadcasting, in line with the AVMS Directive 2010/13/EU. Directive 2018/1808 extends the scope of the AVMSD to e.g. video-sharing platforms; the Swedish transposition 2020:875 of this is here. Consent and information rules in the use of cookies and electronic communications is regulated by Sections 19-21 of the Marketing Act (EN) and the Electronic Communications Act ECA - law No. 2003:389 (EN), implementing the e-Privacy Directive 2002/58/EC. See How to be Cookie-compliant in Sweden from Bird&Bird November 17, 2023. The Act on Electronic Commerce 2002:562 (SW) implemented the e-Commerce Directive 2000/31/EC, which requires that ‘Information Society services’ provide certain information - details in our channel section C, or see the linked document. The Swedish Consumer Agency publish a number of advertising guidelines, the most significant of which in this context is their Guidance on Marketing In Social Media (SW / EN), also linked earlier. Details in channel section C with other rules on, for example, native advertising and marketers' own websites.

GDPR

Privacy issues should be reviewed with specialist advisors 

Q&A: protecting privacy and confidentiality in Sweden (EN)
Advokatfirman Delphi. June 10, 2024 (exc data protection legislation)

Privacy Sandbox news and updates

1.1 Million Euro fine for Profiling. Härting Rechtsanwälte/ Lex July 4, 2023

The General Data Protection Regulation 2016/679 (GDPR) applied directly in all EU member states from 25 May 2018, replacing the Data Protection Directive 95/46/EC. The European Commission page on GDPR is here. The GDPR is accompanied by Directive 2016/680, which is largely concerned with supervising procedures, and should have been transposed into member states’ legislation by 6 May 2018. Nationally, the former Personal Data Act 1998:204 is repealed, and replaced by Law 2018:218 (SW), which ’complements’ the GDPR with some supplementary provisions. Personal data processing issues occur across multiple channels, and in each case lawful processing rules from the GDPR may apply. The Swedish Authority for Privacy Protection is Integritetsskyddsmyndigheten (IMY); the article linked above suggests some flexing of muscles. See our section C for more information on rules by channel. 

SECTION A OVERVIEW

SECTION B CONTENT RULES

1. SAFETY
1.1. General Safety Rules
1.2. The Highway Code
1.3. Adjudications

2. THE ENVIRONMENT
2.1. Bil Sweden Guidance on Environmental Claims in Marketing (Car-specific)
2.2. Swedish Consumer Agency Guidance on Environmental Claims
2.2.1 Nordic Consumer Ombudsmen: ethical and environmental claims in marketing
2.2.2 The international Standard ISO 14021
2.3. ICC Environmental Claims
2.4 Adjudications
2.5. Fuel Consumption and CO2 Emissions (FC&CO2)
2.6. End-of-Life vehicles

3. CREDIT
3.1 Consumer Credit Law
3.2. Swedish Consumer Agency’s Credit guidance

4. PRICING 

1.1. General safety rules

There's no ‘Car Code’ in Sweden, or other statutory or self-regulatory requirements for the content of marcoms in the sector beyond those for energy consumption data, for credit, and for environmental claims. Unusually, there is no general safety provision in the Radio and TV Act (EN unofficial), in spite of the requirement in the AVMS Directive 2010/13/EU that commercial communications do not ‘encourage behaviour prejudicial to health or safety’ (Art. 9). Article 17, para. 1 of the ICC Advertising and Marketing Communications Code (EN 2018, 2024 code here, the latter expected to apply in Sweden from January 2025) applicable in Swedish obvs, in this market, covers safety and health as follows:

• Marketing communications should not, without justification on educational or social grounds, contain any visual portrayal or any description of potentially dangerous practices, or situations which show a disregard for safety or health, as defined by local national standards
• Article 4 (Social Responsibility) of ICC Code, para. 3: Marketing communications should not appear to condone or incite violent, unlawful or anti-social behaviour
• Consideration should also be given to Article 18: Special care should be taken in marketing communications directed to or featuring children or young people

1.2. The Highway Code

Car marcoms should comply with road traffic laws, as an infringement could be interpreted as an infringement of the ICC Code, in particular Articles 4 Social Responsibility, and 17 Safety and Health (2018 code). Traffic rules are set out in the Swedish Highway Code Trafikförordning 1998:1276 (SW), legislation which features, for example, rules on the adult wearing of seat belts and on child seat structures. The rules set out below are not exhaustive, but a selection of some of the key provisions to be aware of in the context of car marcoms and safety
 

Chapter 4 Traffic provisions for motorised vehicles; traffic with motor-driven vehicles on road (Sections 10-12)

When travelling on the road in a passenger car, the following applies to the use of seat belts and other safety devices:

• ​Anyone traveling in a vehicle that is equipped with safety belts must use a seat that is equipped with a seat belt, if such a place is available, and use the belt 
• Children shorter than 135 cm must use child safety seat, booster seat or other special protection for children in place of or in conjunction with a seat belt
• A child who is three years or older and shorter than 135 centimetres may not be transported in a vehicle where there is no opportunity to use special protection for children, other than the occasional transport over short distances. In such cases, the child must instead use a seat belt when possible and must not travel in the front seat of a passenger car or a light truck
• A child who is younger than three years old must not travel in a vehicle where there is no opportunity to deploy special protection for children, other than the occasional ride in taxis for short distances. In such cases, the child does not travel in the front seat. Ordinance (2006: 1208).  (Section 10)
• When travelling on the road in a motor vehicle, the driver may engage in activities such as use of mobile phones and other communication equipment only if it does not adversely affect the operation of the vehicle (Section 10e)

Chapter 2 Traffic provisions for vehicles; Speed (section 14-17)

• A vehicle's speed will be adapted as required for safety in traffic. Consideration must be given to the distance, topography, weather and visibility conditions, condition of the vehicle and load and traffic conditions generally. (Section 14)
• In addition to other cases specifically provided, the driver must in accordance with circumstances keep a sufficiently low speed:

• in a built-up area
• where visibility is reduced due to light or weather conditions
• at pedestrian crossings or other points where pedestrians cross the road
• At a traffic intersection
• In sharp bends
• Crest of a hill or other locations where vision is obstructed
• Where there is a risk of glare
• When meeting other vehicles on narrow roads
• On slippery road surfaces
• When the vehicle is approaching a tram, bus or school bus which has stopped to allow passengers on and off.
• When the vehicle approaches children who reside on or near the road
• When the vehicle approaches cattle on the road
• Where roadworks are under way
• Past the scene of an accident
• In dirty road conditions where there is a risk of exposing other road users to splashing (Section 15)

• A driver must not without valid reason drive at an excessively low speed, suddenly brake/ slow down, or hinder another’s driving (Section 16)
• Vehicles may not be driven through built-up areas at a speed higher than 50km/hr (the municipality has the right to reduce the limit to 30 or 40 km/hr)
• Out of built-up areas the maximum speed limit is 70 km/hr (although the Transport agency may issue a maximum speed on the road of 80, 90, 100, or 110 km/hr) (Section 17)
• Speed limit on a motorway is 110km/hr (although the Transport Agency can increase that to 120km/hr) (Chapter 9, Section 1(6))

Note that cars must have their lights on in Sweden at all times (when driven), meaning that commercials should show (in motion) cars with their lights on. Article 2 of the ICC Advertising and Marketing Communications Code (2018) covers 'unlawfulness': advertising can't 'appear to condone or incite violent, unlawful or anti-social behaviour.'

The Regulatory adjudication (EN) on safety issues in two car commercials provides context on how the authorities react to safety issues

ASLEEP AT THE WHEEL

Case: 2103-74; 2021-06-17

The commercial (great spot) shows a very tired mum, after a long day keeping twins out of trouble, heading out late in her Volvo to get some shopping. Tiredness and a resulting close encounter with a truck does not result in an accident thanks to the car's lane-keeping technology. The line is 'The car that looks after you, like you look after others'. The complaint was that the scenario encouraged driving when very tired, which is illegal. Not upheld. 

VW PASSAT: CHILD ‘DRIVING’
Case 1406-147; 2014-10-02 (SW)

This case involved a TV commercial for Volkswagen Passat in which it was decided that the relevant safety standards had not been breached and the advertising did not infringe article 17 of the ICC Code. In this commercial, a young girl is seen pulling the gear lever to an automatic transmission with her father smiling encouragingly, actions which prompted the complaint. The advertiser argued that in order to engage the gear, the brake pedal would have to be depressed. Only the driver could do that, and the girl was sat in the passenger seat. The Jury also pointed out that the scene in question was very short and the car was stationary at the time

NO REGISTRATION PLATE, NO BAN
https://reklamombudsmannen.org/en/decisions/enskilt-beslut/?caseid=1302-26

• There’s a dual system for adjudications on advertising in Sweden. Day-to-day cases, as above, are handled by the self-regulatory organisation RO. To search their decisions, go to:
  http://reklamombudsmannen.org/sok-uttalanden
• If the Swedish Consumer Agency takes an interest, they can bring a case to the Patent and Market Court, established September 2016, formerly the Market court. The P&M court basically deals with all of the country's intellectual property, competition, and marketing laws and cases. Much of the work is in patent and copyright cases. Decisions here:
• https://www.domstol.se/patent--och-marknadsoverdomstolen/avgoranden/
• Register of the Market Court's decisions from 2000 to 31 August 2016:
  http://avgoranden.domstol.se/marknadsdomstolen/

There are three main sources of rules for environmental claims relating to cars and to other sectors in Sweden; these rules are applicable in all media:

• 2.1. Bil Sweden’s Guidance (EN) on the use of environmental claims in the marketing of new passenger cars, trucks and buses. Bil Sweden (SW) is the trade association representing manufacturers and importers of cars, trucks and buses. Note: this guidance no longer appears to be on the Bils Sweden website  
• 2.2. The relevant authority in this context is the Swedish Consumer Agency Konsumentverket, ‘a government agency that exists for consumers’. It publishes Guidance On Advertising And The Environment (SW); the guidance summarises the main points contained in the ICC rules/ ISO standards. Key points from the guidance are shown under 2.2 in English below
• 2.3. The Environmental Claims Chapter D of the ICC Advertising and Marketing Communications Code (EN 2018, 2024 code here; the latter expected to apply from January 2025); additionally, the ICC Framework for Responsible Environmental Marketing Communications (2021) includes a general overview, guidance and checklist on environmental claims. The main code's (linked above) general/ social responsibility rules are applied in some cases, e.g. where there has been an infringement of the off-road driving laws and regulations

Below are key extracts from all of the above requirements; check the full regulations in the event of uncertainty in this territory, as it can be sensitive:

2.1. Guidance on environmental claims in marketing (exclusive to cars)

From Section 5 BilSweden Guidance

‘Environmental claim’ in this guidance refers to all forms of claims, symbols, graphic images and presentations designed to describe a car's environmental aspects. An environmental claim may occur in brochures, technical data sheets, advertising and other publicity in various media (s. 1.4 Bil Sweden Guidance)

General requirements for environmental claims (§ 5.2)

All environmental claims must be:

• Accurate, verifiable, relevant and not misleading
• Based on scientific methods that are sufficiently thorough and comprehensive to support the claim
• Capable of validation using accessible information that on request should be communicated to all interested parties

Vague claims should be qualified/ clarified (§ 5.3)

• General claims concerning a car, such as ‘environmentally safe’ (‘miljösäker’), ‘environmentally-friendly’ (‘miljövänlig’), "easy on the environment" (‘skonsam mot miljön’), "non-polluting" (‘ej förorenande’), ‘green’ (‘grön’), ‘nature-friendly’ (‘naturens vä’’) are vague and should be qualified/ clarified so as to clearly show which environmental advantages are associated with the particular marketed car model. The qualification shall be clearly prominent, easy to understand and positioned immediately adjacent to the expression requiring qualification. Otherwise, positioned so that it is read together with the expression
• The term ‘organic’ (‘ekologisk’) should be completely avoided. This is because claims such as ‘ekologisk’, ‘ekologisk product’ or ‘organically produced" (‘ekologiskt tillverkad’) must only be used on products that meet the requirements of the EU Community legislation on organic products or organic production

Green Car - Miljöbil (§ 5.4)

• The words "Green car" (“Miljöbil”) can be used in marketing, as it is a commonly accepted definition of the term. In such cases, the marketed car model must be included in the definition

Claims on sustainable development (§ 5.5)

• Concepts such as sustainable development or ecological sustainability are highly complex and are still at the research stage
• Currently there are no established methods to measure environmental sustainability or to confirm if sustainable development is achieved. Therefore, no such claims must be made

Only make true and clear claims (§ 5.6)

• Do not use claims that are exaggerated, imprecise or which promise environmental improvements that do not exist
• Imprecise or vague assertions might lead consumers to believe that there are environmental advantages that are not actually relevant to the car in question. These include, for example, improper use of claims such as "free from…" (“fri från…”) or "zero emissions…" (“inga utsläpp av…”) which is misleading if they refer to substances which never appeared in occur or been associated with cars

All environmental claims must be substantiated by data / supported by evidence (§ 5.7)

• All environmental claims must be made on the basis of evidence that can be checked. For example, this may involve referring to tests carried out and trials using the relevant test methods. Sufficient information for the average consumer to be able to consider the claim made should be placed immediately adjacent to the claim, for example by citation or reference to a website. The basic information that is necessary to substantiate the claim must be provided on request
• The trader is responsible for others' environmental assertions if these are used in his own marketing

Environmental claims must be kept up to date (§ 5.8)

• Environmental information may be irrelevant or even misleading because new laws enter into force or due to technological developments and changes in competitors' products
•  All environmental claims must be regularly reviewed and where necessary amended to correctly reflect the current circumstances

Nature symbols and objects from nature (§ 5.9)

• Do not use nature symbols unless there is a reasonable link between the symbol and the claimed benefit. Nature symbols or objects from nature used in the promotion are considered to be an environmental claim because the product will then be associated with an environmental advantage. If they are nevertheless used it must be easy to distinguish them from other symbols or markings and have a relevant connection to the claims being made
• This does not therefore prevent a car from being depicted travelling in a beautiful natural landscape. However, it should be noted that such a depiction which is permitted in and of itself might be inappropriate when taken in combination with certain expressions, etc.
• However, a car must not be placed beyond the highroad out in nature (i.e. off road), because it can be interpreted as encouraging the violation of the country driving law (Off-roading Act Terrängkörningslag 1975:1313 that prohibits off-road driving with an engine-propelled/ motorised vehicle for purposes other than agriculture or forestry (Sect. 1 of the Act)

Claims about environmental management systems (§ 5.10)

• A symbol that is used to express the manufacturer’s implementation of an environmental management system, such as a certification body certification logo for ISO 14001, shall not be used in such a way that it can be mistaken for being a symbol that indicates a product's environmental properties. Note: ISO 14001:2004 sets out the criteria for an environmental management system and can be certified too. It does not state requirements for environmental performance, but maps out a framework that a company or organisation can follow to set up an effective environmental management system. Don't say: 'ISO certified' or 'ISO certification' DO say: 'ISO 14001:2004 certified' or 'ISO 14001:2004 certification' (for example)

Comparative claims (§ 5.11)

• In order not to be regarded as misleading, comparative assertions must always be derived in a reasonable manner, such as percentages or comparative absolute values. All comparative claims about, for example, lower fuel consumption and reduced CO2 emissions should include information about how great the reduction is in terms of percentage or in absolute terms
• Make no comparisons between cars unless they refer to equivalent products. The comparison must involve neither a risk of confusion between the advertiser and a competitor nor between the advertiser's and a competitor's brands and products

2.2. Swedish Consumer Agency Rules for Environmental Claims in Advertising
http://www.konsumentverket.se/for-foretag/marknadsforing/miljopastaenden-i-reklam/ (SW)

• If you are using environmental claims in advertising, you need to be careful. Environmental claims can be unclear and can easily mislead the consumer. Because it is difficult for the consumer to value environmental claims, high demands are placed on proof of what you claim
• An environmental claim creates the impression that a product or service has a positive or no impact on the environment, or a lesser environmental impact than a competitor's corresponding product. Environmental claims can refer to the product, or its production or packaging. 
• Environmental claims can consist of explicit statements, but may also be symbols, graphic images, or brand names, and these may interact with the use of colours and images, such as the colour green, and, for example, leaves
• It is the Marketing Act's rules that apply to environmental claims in advertising. In order to interpret the Act with regard to environmental claims, there is a specific section in the 2021 EU Commission's guidance to Directive 2005/29/EC on unfair business practices (the directive is implemented in Sweden through the Marketing Act)
• The Marketing Act also requires that environmental claims in advertising should follow good marketing practices. The Swedish Consumer Agency uses, inter alia, the ICC Environmental Claims regulations, and ISO 14021:2017 Standard to determine what is good marketing practice regarding environmental claims

Important to consider when using environmental claims in advertising

• An environmental claim is assessed based on the average consumer's overall impression of the marketing
• Environmental claims used in marketing should be sensitive and may not be misleading according to the Marketing Act
• Do not use environmental claims that are misleading, even if they are correct. For example, an assertion may be misleading because the environmental benefit is not as high as the claim gives rise to
• You must always be able to substantiate what you claim, and for environmental claims the high level of proof is imposed
• If you use environmental claims, use clear and unambiguous statements that you can verify
• If the environmental claim is not clear and unambiguous, it must be specified (qualified)
• If you use eco-labeling, self-labeling or third-party labeling, it is required that you meet the requirements set for the use of the label. In addition, the criteria for labeling require clear environmental benefits compared to competing products. The criteria should also be easily and publicly available

This is a common guidance on the use of ethical and environmental-related claims in marketing across the Nordic area (Norway, Sweden, Finland and Denmark). The guidance is based on the provisions of the Marketing Act, in particular:

• That marketing is in accordance with good marketing practice (and not immoderate in relation to consumers)
• Marketing should not be inaccurate, misleading or deceptive
• That marketing should be in accordance with the rules on comparative advertising

​

The guidance also references the ICC Code of Environmental advertising, linked later in this section, and ‘The Code and Guidelines will be included in the assessment of whether the Marketing Act's rules shall be deemed to have been violated in respect of environmental-related circumstances.’ We have not set out the guidelines in full as we are not short of rules and guidance in this section and this work is very old; an English translation is linked below
http://www.konsumentverket.se/globalassets/artikel/nordisk-standpunkt-miljo-konsumentverket.pdf (SW)
http://www.g-regs.com/downloads/SWGenNordicOmbudsmenEnvironmental_.pdf (EN)

The international Standard ISO 14021 confirms that virtually all environmental claims must be specified and clarified in the advertising message; that the use of vague and non-specific claims or those that make broad implications such as ‘environmentally safe,’ ‘environmentally friendly’, ‘green’, ‘nature-friendly’, ‘ozone friendly’, etc., shall not be used because they are misleading (clause 5.3 in the Standard)

• The ICC is the International Chamber of Commerce. Their Advertising and Marketing Communications Code (EN 2018; 2024 code is here, the latter expected to apply in Sweden from January 2025) underpins much of self-regulation worldwide, and is the applicable general advertising code in Sweden. The Environmental claims Chapter D (2018 code) therefore carries weight and will be referenced, for example, in adjudications and Market Court decisions
• The main code, linked above, is deployed in some adjudications: Article 2, Social Responsibility, includes the clause: 'Marketing communications should not appear to condone or incite violent, unlawful or anti-social behaviour'. This has been referenced in adjudications on off-road driving, for example. The law concerned is Terrängkörningslag 1975:1313 
• In a webinar of January 2021 ‘Environmental claims in the marketing of cars’ (SW), the Self-Regulatory Organisation Ro made a number of points related to environmental claims in their webinar presentation which can be found here (SW). The key statements in English are:

​

• The advertiser must prove that the claim is valid under all reasonably predictable conditions. If not, the claim must be qualified or not used at all
• A clarification/ qualification must accurately and authentically describe the limitations of the statement. The qualification must:
  ​​​

• The ICC Framework for Responsible Environmental Marketing Communications, updated November 2021, provides 'added guidance on some established environmental claims and additional guidance on some emerging claims.' Appendix I carries an Environmental Claims checklist 

Jeep's environmental claim May 2021
https://reklamombudsmannen.org/beslut/enskilt-beslut/?caseid=2104-103

A presentation of the Jeep Compass plug-in hybrid on the Jeep.se website included the header 'Ekologisk mobilitet' which translates as 'Ecological mobility'.  The complaint related to the fact that this model also uses an emissions-emitting petrol engine. Complaint upheld. Jeep stated as part of their explanation that there was a translation misunderstanding between head office and the market

Ford Ranger and the environment
Case 1603-53 2016-04-02

This is a print ad (shown in the linked case above) that shows the Ford Ranger mid-stream in extreme terrain; a rough translation of the headline is ‘The quickest way is not always over asphalt’. The Advertising Ombudsman's committee finds that the advertising encourages behaviour that is illegal. It thus violates Article 4 Extract Marketing communications should not appear to condone or incite violent, unlawful or anti-social behaviour of the International Chamber of Commerce's rules on advertising and marketing communications. The illegal behaviour at issue is violation of the Off-Road Law Terrängkörningslag 1975:1313 (SW), which bans, essentially, all off-road driving. There are some exemptions, shown in rough translation here. More in our later Links Section E

Volvo and environment and emission classes
http://reklamombudsmannen.org/uttalande/volvo-miljopastaende

A full page press ad carried the headline: ‘Think about the environment. Buy a new car this weekend’. Below the car is the sub-head ‘Now there are environmentally-classed engines for all our models.’ The ad can be seen via the link above. The jury found that it contravened articles E1 (Environmental claims) and 5 (Truthfulness/ misleadingness). According to the emissions management act, all cars are classified in emission classes. The committee found that it is the cars and not the engines that are classified. The term ‘emission class’ has replaced the previous concept of ‘environmental class’ since 1 May 2011. The advertisement contains the term ‘environmentally-rated engines’. This term lacks an established definition but can be perceived by an average consumer, especially in combination with the headline and image in the advertisement, as advertiser engines, and in the long run advertiser's cars, have significant environmental benefits

Kia Sportage and Oscar Wester
http://reklamombudsmannen.org/uttalande/kia-sportage-omprovan

This was an appeal against the original finding against a 75-second film, that the ad depicted an a dangerous activity or situation in which the safety standards or health considerations were infringed and so contravened Article 17, first paragraph of the ICC code. The commercial consists of a 75-second-long film taking place in a snowy mountain and forest landscape. The film begins with a person walking away from a parked car on a straight snowy country road. The text ‘Oscar Wester test drives the New Kia Sportage’ appears in the middle of the screen. Oscar attaches a rope to the car which goes on a snowy country road as the skier follows, doing various jumps, volts and tricks. A cut-down of the original film is here not any longer

The basis of the advertiser’s case against the original finding was that the commercial was found to show unsafe behavior, but the film was made in Norway under controlled conditions using only professional skiers and a protected area for shooting. There has been no violation of the traffic regulation, and the film is therefore not contrary to the first paragraph of Article 17: Marketing communications should not, without justification on educational or social grounds, contain any visual portrayal or any description of potentially dangerous practices, or situations which show a disregard for safety or health, as defined by local national standards. Instructions for use should include appropriate safety warnings and, where necessary, disclaimers. Children should be shown to be under adult supervision whenever a product or an activity involves a safety risk

• The board finds that advertising according to ICC rules is to be judged based on how it is perceived. The actual circumstances of the making of a film have no immediate significance for this assessment. The fact that the current recording took place in safe terms and according to the advertiser was legally implemented under Norwegian law does not therefore lead to an average consumer perceiving it differently and in this case does not affect the original finding

Adjudications from the Market Court

• The accuracy of statements must be capable of verification, especially for products that are environmentally harmful. Judgments 2004:4, 2004:12 and 2011:12 provide relevant rulings from the Market Court:
  http://www.g-regs.com/downloads/SWBilGuidanceEnvironmentb.pdf (EN)

From Guidelines (SW) on information about the fuel consumption and CO2 emissions of new passenger cars KOVFS 2018:3. These are derived from EU Directive 1999/94/EC and Commission Directive 2003/73/EC amending Annex III to Directive 1999/94/EC, and Commission Recommendation 2017/948 re WLTP values​

Advertising material

Advertising material is defined as all printed material, including instruction manuals, brochures and posters as well as advertisements in newspapers, magazines and trade press, used in consumer marketing and advertising. Advertising material also means electronic advertising material, including that which contains 'moving representations' (Sect. 1.3.4 KOVFS 2018:3). The Consumer Agency opinion (EN extract) is that this requirement does not include advertising in TV broadcasts. Radio is also excluded.

• Fuel consumption must be expressed in litres per 100 km to one decimal place. CO2 emissions must be stated in grams per km (g/km), rounded to the nearest whole number (Sect. 2.1.1 KOVFS 2018:3); WLTP values only from 2020
• Information on consumption and emissions for passenger cars that can be run on fossil fuels, on both fossil fuels and on electricity (hybrid cars) and only on electricity, is given in accordance with the EC type-approval available for the car; see Article 2, paragraphs 5 and 6 of Directive 1999/94/ EC
• For car models that have several variants with different consumption values, the information may be provided either for each variant OR for the variant with the lowest fuel consumption and the variant with the highest fuel consumption, in which case it must be made clear to which variants the lowest and highest values apply.  (Sect. 2.1.2 KOVFS 2018:3)
• Where electronic advertising material is used that enables the consumer to configure a particular vehicle, for example via online car configuration tools, it should be clearly stated how special equipment and options affect the values for fuel consumption and carbon dioxide emissions (Sect. 2.1.3 KOVFS 2018:3)
• Where print or electronic advertising material refers only to the make and not to any particular model, then data on fuel consumption and carbon dioxide emissions need not be provided (Sect. 1.1.3 KOVFS 2018:3)

Placement in advertising material

• Information provided in advertising material  should be easy to read and no less prominent than the main part of the information provided in the promotional material. It should also be easy to understand even on a quick read-through (Sect. 2.2.1 KOVFS 2018:3)

Information requirements
Legislation: Ordinance (2007:185) on manufacturer/ producer responsibility for cars
Translation: Section 8

•  In connection with the marketing of new cars, the manufacturer/ producer must provide information on:

1. The car and component design with respect to the potential for recovery and recycling
2. How end-of-life vehicles are intended to be disposed of, so that the cars are stripped/ dismantled, drained of liquids, and otherwise treated in an environmentally acceptable manner
3. what is done in terms of setting out best practices on the re-use, recycling and recovery of end-of-life vehicles and their components, and
4. The progress made in reducing the need to dispose of waste generated by end-of-life vehicles and their components for the sake of increased recycling and recovery

• The manufacturer/ producer shall fulfil its obligation by itself or together with other economic operators by making the information accessible to prospective car buyers. Information must be provided in a brochure, a newsletter, a website or otherwise written in the material used in the marketing of new cars
• If the information listed in points 1 and 2 above is not provided, the Marketing Act (2208:486) shall apply (not including ss. 29-36). Such information shall be considered material according to Section 10, para. 3 of the Marketing Act; meaning that this information must not be omitted when marketing new cars
• If this information is provided but in an unclear, incomprehensible, ambiguous or other inappropriate manner, then it can still be deemed as a misleading omission

Note: This requirement is not widely observed in all EU countries, though manufacturers will generally include the information on their websites

Directive (EU) 2023/2225 of the European Parliament and of the Council of 18 October 2023
on credit agreements for consumers and repealing Directive 2008/48/EC

EU summary here. The directive to be transposed into national law by 20 November 2025

GRS comparison of the ad rules between new and former directive here

Agencies/ clients will be aware of the ‘Standard information’ that is a statutory requirement in credit advertising as a function of the EU Consumer Credit Directive 2008/48/EC (see above for update). These elements if required to be present, and other provisions such as ‘restraint and moderation’, should be reviewed/ finalised by national practitioners and advisors. In other words, check with your lawyers any Consumer Credit agreement proposals in car advertising. Relevant rules, applicable to all media:

• Consumer Credit Act (CCA) 2010:1846, Articles 7-10, English translation here:
  http://www.g-regs.com/downloads/SWConsumerCreditLaw2010NEWb.pdf
• Swedish Consumer Agency’s Guidelines on Consumer Credit (KOVFS 2011:1); translation of key clauses here (2.2):
  http://www.g-regs.com/downloads/SWConsumerCreditGuidance2011c.pdf

• The trader must, when marketing a credit agreement provide information on the effective interest rate for the credit (I.e. APR) by providing a representative example (Sect. 7, para. 1 CCA)
• If any interest rate or figure other than the APR is indicated in the marketing, the trader must also, by means of a representative example, provide information on (Sect. 7, para 2 CCA):

1. The credit interest rate/ borrowing rate, indicating whether it is fixed or variable
2. Fees and other costs that form part of the cost of the credit
3. The credit amount
4. The term of the credit agreement
5. The total amount to be paid by the consumer, the number of instalments, and the amount of each instalment and
6. The cash price and the down payment (advance cash payment) required in the case of credit purchases (credit in the form of a deferred payment)

• If the consumer is under an obligation to enter into a contract regarding an ancillary service relating to the credit agreement, and the costs of the service cannot be determined in advance, this obligation must be indicated in the marketing in connection with (i.e. along with) the information on the APR (Sect. 7, para 3 CCA)
• The information must be provided in a clear, concise and prominent manner

• NB: Section 4, para. 3 states: for credit agreements in the form of an overdraft facility, and where the credit has to be repaid on demand or within three months, provisions for information on marketing contained in Sect. 7, para. 2, points 4-6 are not applicable, neither will the information in the credit agreement in Section 14, para 2, the right of withdrawal in §§ 21-25, right to make early repayment of their debt, in §§ 32-36 or the termination of the credit contract of indeterminate duration in §37

​

​

• Swedish Consumer Agency’s General Guidance on Consumer Credit (KOVFS 2011:1, as linked above and here). Guidance on Content and Presentation of Marketing, Restraint and Moderation, and Information requirements for marketing (Points 2.2.1 - 2.2.5)

Content and presentation of marketing (2.2.1)
From Section 2.2. referencing sections 7,9,10 (on Marketing) of the Consumer Credit Act 

The concept of marketing comprises information which is provided in order to promote sales, regardless of the channels used to get the message across. Information in points. 2.2.3 and 2.2.5 (Information in connection with marketing, and telemarketing of credit) does not need to be provided if the marketing is merely stating that credit is available.

If the marketing contains specific features such as claims about the beneficial nature and advantages of the credit or factual information on the credit, the information must, however, be provided. Good credit-granting practice dictates that the information disclosed should be clear and easy for consumers to take note of. In addition, the credit should be presented objectively, correctly and in neutral terms. The information must be complete in respect of anything that can be assumed to be of particular importance to the consumer.

Restraint and moderation  (2.2.2)

The principle of good credit granting practice requires the trader to show restraint and moderation in its marketing. This includes the following:

• The credit may not be presented in such a way that it may mislead the consumer as to the financial consequences or give the impression that the credit offered does not involve any, or only a small, burden on the consumer’s finances
• When credit can be obtained quickly, this must not, in itself, be stressed as a decisive reason or argument in relation to other credit terms. The possibility of obtaining quick credit must not be given a prominent place in the marketing
• In the case of continuous/ running credit or credit in the form of an overdraft facility, consumers should not be offered purchases on credit or a cash amount with the explicit reference to the fact that they have unused available credit
• If credit is marketed as interest-free or equivalent, this should be assessed as meaning that zero per cent interest (0%) is charged for the credit, whereby the information requirements of Section 7, para. 2 Consumer Credit Act apply
• If the consumer has made use of a payment-free month, the credit provider should, in its next advice, inform the consumer that a payment-free month has been used and that the balance has therefore increased with interest and any charges for the payment-free month
• Moderation and neutral information are particularly important when designing marketing measures for credit where a credit application form is attached or when offering to increase a previously agreed credit limit. Moderate and neutral information is also particularly important in connection with telemarketing.
  (see 2.2.5 Guidance/ Section 10 Consumer Credit Act – link at top of section)

Information requirements for marketing (2.2.3)

• According to Section 7 of the Consumer Credit Act, a trader must, when marketing credit agreements, provide information on the effective rate of interest (i.e. APR) for the credit, by means of a representative example
• To be considered representative, the example must concern the most commonly applied credit situation, or alternatively can be anticipated or predicted by the trader
• The effective rate of interest must be specified as an annual interest rate expressed as a percentage with at least one decimal place/ point. Information on the effective rate of interest should be provided with the date of application. How the effective rate is calculated is provided in Annex 1 and 2 of the Consumer Credit Act
• If an interest rate or figure other than the effective rate of interest appears in the marketing, the trader by means of a representative example, must provide the information set out in Section 7, para 2 (points 1-6) of the Consumer Credit Act.
• The trader, in accordance with good credit-granting practice, should refrain in marketing from emphasising, for example, minimum interest rates or credit terms that only a limited proportion of consumers can be granted, unless the marketing expressly states that this (offer) is directed at a specifically designated group
• Where the conclusion of a contract regarding an ancillary service relating to the credit agreement, such as insurance, is compulsory in order to obtain the credit or to obtain it on the terms and conditions marketed, this obligation must be specified in the marketing in connection with the information on the effective rate of interest, as per Section 7, para 3 Consumer Credit Act
• Information on the effective rate of interest (APR), other figures or interest rates that occur in the marketing or obligation to enter into a contract on an ancillary service to the credit agreement, must be provided in a clear, concise and prominent way. The consumer must be able to understand and acquire the information without difficulties. For example, the information may not be provided with a reduced font size in relation to other information appearing in the main text of the marketing
• The information must be provided directly in the marketing. Consequently, it is not sufficient that the marketing refers to some other place where the information can be obtained, for example, a website address. Even in marketing where there are limitations in space, such as advertising banners, the effective rate of interest should be stated with a representative example
• Where a credit provider finances the purchase of a product or service which another trader supplies or markets and also provides marketing materials for this product or service, the credit provider is responsible for the marketing. Even if the credit provider does not provide the marketing material, the credit provider should ensure that the trader, in its marketing of the credit, complies with the existing rules on marketing and information (see also comment on credit intermediaries in 2.2.4 and 2.9 Guidance)
• Points 2.2.4 (Information prior to entering into a credit agreement) and 2.2.5 (Telemarketing of credit) can be viewed in the translation link at the top of the section. They relate to Sections 9 and 10 respectively of the Consumer Credit Act, which can also be viewed in the relevant translation link also included at the top of the section

Stating a price correctly in advertising is not as simple as it might seem, especially in the Car sector, and the issue is subject to a number of regulatory influences; the model/ range price that is planned for commercial communications should therefore be reviewed by legal advisors. We set out below the issues as simply and briefly as we can, so that you are at least aware of the rules and how they might be applied

UCPD

• Car pricing communication has tended to be assessed on the basis of the Unfair Commercial Practices Directive 2005/29/EC, which is the cornerstone of consumer protection legislation in Europe. Relevant rules are set out below
• Pricing generally falls into the Directive’s misleadingness clauses and it is in that context that (car) prices are assessed. In other words, the ‘test’ of prices is not so much whether they are accurate per se, because a price can be correct but not the full picture, but whether the stated price misleads
• Hence the key provisions in the EU have generally been in the UCPD’s article 6 misleading action and article 7 misleading omission; both of these clauses include pricing aspects, as follows
• The Misleading Action article 6 (1) (d) states:  ‘A commercial practice shall be regarded as misleading if it contains false information and is therefore untruthful or in any way, including overall presentation, deceives or is likely to deceive the average consumer, even if the information is factually correct (emphasis ours), in relation to one or more of the following elements, and in either case causes or is likely to cause him to take a transactional decision that he would not have taken otherwise: d – (one of the ‘following elements’ referenced above): the price or the manner in which the price is calculated, or the existence of a specific price advantage.’
• The Misleading Omission article 7 (1) states ‘A commercial practice shall be regarded as misleading if, in its factual context, taking account of all its features and circumstances and the limitations of the communication medium, it omits material information that the average consumer needs, according to the context, to take an informed transactional decision and thereby causes or is likely to cause the average consumer to take a transactional decision that he would not have taken otherwise. 
• Sub-para c of article 7 (1), an element of the designated ‘material information’ that is part of an ‘invitation to purchase’, identifies: ‘the price inclusive of taxes, or where the nature of the product means that the price cannot reasonably be calculated in advance, the manner in which the price is calculated, as well as, where appropriate, all additional freight, delivery or postal charges or, where these charges cannot reasonably be calculated in advance, the fact that such additional charges may be payable.’

​PPD

• The Product Price Directive (PPD) 1998/6/EC is the other European regulatory influence in pricing, and more ‘absolute’ in the sense that it doesn’t apply two forms of misleadingness ‘tests’, but states that the selling price…..’must be unambiguous, clearly identifiable and clearly legible’ (art. 4)
• The selling price is defined as the final price for a unit of the product, or a given quantity of the product, including [value added tax] and all other taxes’
• It was the PPD that was used as the basis for a ruling against Citroen from the European Court of Justice, which found that ‘costs in connection with the transfer of a motor vehicle from the manufacturer to the dealer, which are payable by the consumer, must be included in the selling price of that vehicle indicated in an advertisement made by the trader when, having regard to all the features of that advertisement, in the eyes of the consumer it sets out an offer concerning that vehicle.’

The national picture

• The UCPD linked above is transposed in Sweden by The Marketing Act 2008:486 (EN); normally the UCPD pricing provisions would apply, whereby (as above) the price required is: ‘the price inclusive of taxes, or where the nature of the product means that the price cannot reasonably be calculated in advance, the manner in which the price is calculated, as well as, where appropriate, all additional freight, delivery or postal charges or, where these charges cannot reasonably be calculated in advance, the fact that such additional charges may be payable.’
• in the case of Sweden, the Marketing Act requires recognition of the national Price Information Act (EN), specifically the ‘Price and unit price stated as stipulated in Sections 7-10 of the Price Information Act.’ That act carries the provisions of the PPD and follows those closely
• The Swedish Consumer Agency’s Regulations KOVFS 2012:1 (SW) on Price Information accompany and provide guidance to the Act’s provisions and some other aspects of pricing, especially in retail. 

Pricing and self-regulation

As cases may well not reach the courts, the provisions of the ICC Advertising and Marketing Communications Code (EN 2018; 2024 code, expected to be in force in Sweden from January 2025, here) will apply in the event of self-regulatory adjudication, and should anyway be observed. Relevant clauses are as follows (these are not car-specific, but apply to all sectors, and are non-exhaustive):

• Marketing communications should not contain any statement, claim or audio or visual treatment which, directly or by implication, omission, ambiguity or exaggeration, is likely to mislead the consumer, in particular, but not exclusively, with regard to: the value of the product and the total price to be paid by the consumer (Art. 5)
• The term 'free', e.g. 'free gift' or 'free offer', should be used only where the offer involves no obligation whatsoever; or where the only obligation is to pay shipping and handling charges which should not exceed the cost estimated to be incurred by the marketer, or in conjunction with the purchase of another product, provided the price of that product has not been increased to cover all or part of the cost of the offer (Art. 7)
• Sales promotions should be so devised as to enable the consumer to identify the terms of the offer easily and clearly, including any limitations. Care should be taken not to exaggerate the value of the promotional item or to obscure or conceal the price of the main product (Art. A2)
• Whether payment for the offer is on an immediate sale or instalment basis, the price and terms of payment should be clearly stated in the offer, together with the nature of any additional charges (such as postage, handling, taxes, etc.) and, whenever possible, the amount of such charges
• In the case of sales by instalment, the credit terms, including the amount of any deposit or payment on account, the number, amount and periodicity of such instalments and the total price compared with the immediate selling price, if any, should be clearly shown in the offer
• Any information needed by the consumer to understand the cost, interest and terms of any other form of credit should be provided, either in the offer or when the credit is offered
• Unless the duration of the offer and the price are clearly stated in the offer, prices should be maintained for a reasonable period of time

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SEE THE GENERAL TAB BELOW FOR THE RULES THAT AFFECT ALL PRODUCT SECTORS, CARS INCLUDED

SECTION B CONTENT RULES

1. GENERAL RULES

1.1. The ICC Code (2018)

1.2. The Marketing Act

2. ENVIRONMENTAL RULES

2.1. Chapter D, ICC Code (2018)

2.2. ICC framework environmental marcoms

2.3. Guidance from the Swedish Consumer Agency

2.4. Nordic Ombudsmen Guidance 

2.5. European Commission Guidance 

3. PRICING

3.1. Marketing Act 2008:486 Sections 10 and 12

3.2. The Price Information Act

3.3. Section 2, Swedish Consumer Agency

3.4. The Competition Act (2008:579)

3.5. The ICC Code (2018)​

4. STEREOTYPING

5. ADJUDICATIONS

​

1. GENERAL RULES

Key extracts from the ICC Code (EN 2018; 2024 code here) that applies in Sweden to all product categories are below

Articles below are from the 2018 code. The 2024 code is expected to be applicable January 2025

Basic Principles (Art. 1)

• All marketing communications should be legal, decent, honest and truthful
• All marketing communications should be prepared with a due sense of social and professional responsibility and should conform to the principles of fair competition, as generally accepted in business
• No communication should be such as to impair public confidence in marketing

Social responsibility (Art. 2)

• Marketing communications should respect human dignity and should not incite or condone any form of discrimination, including that based upon ethnic or national origin, religion, gender, age, disability or sexual orientation
• Marketing communications should not without justifiable reason play on fear or exploit misfortune or suffering
• Marketing communications should not appear to condone or incite violent, unlawful or anti-social behavior
• Marketing communications should not play on superstition

Decency (Art. 3)

• Marketing communications should not contain statements or audio or visual treatments which offend standards of decency currently prevailing in the country and culture concerned

Honesty (Art. 4)

• Marketing communications should be so framed as not to abuse the trust of consumers or exploit their lack of experience or knowledge
• Relevant factors likely to affect consumers’ decisions should be communicated in such a way and at such a time that consumers can take them into account

Truthfulness (Art. 5)

• Marketing communications should be truthful and not misleading
• Marketing communications should not contain any statement, claim or audio or visual treatment which, directly or by implication, omission, ambiguity or exaggeration, is likely to mislead the consumer, in particular, but not exclusively, with regard to:

• Characteristics of the product which are material, i.e. likely to influence the consumer’s choice, such as: nature, composition, method and date of manufacture, range of use, efficiency and performance, quantity, commercial or geographical origin or environmental impact
• The value of the product and the total price to be paid by the consumer
• Terms for delivery, exchange, return, repair and maintenance
• Terms of guarantee
• Copyright and industrial property rights such as patents, trade marks, designs and models and trade names
• Compliance with standards
• Official recognition or approval, awards such as medals, prizes and diplomas
• The extent of benefits for charitable causes

Substantiation (Art. 6)

• Descriptions, claims or illustrations relating to verifiable facts in marketing communications should be capable of substantiation. Claims that state or imply that a particular level or type of substantiation exists must have at least the level of substantiation advertised. Such substantiation should be available so that evidence can be produced without delay and upon request to the self-regulatory organisations responsible for the implementation of the Code

Identification and transparency (Art. 7)

• Marketing communications should be clearly distinguishable as such, whatever their form and whatever the medium used. When an advertisement, including so-called “native advertising”, appears in a medium containing news or editorial matter, it should be so presented that it is readily recognisable as an advertisement and where appropriate, labelled as such. The true commercial purpose of marketing communications should be transparent and not misrepresent their true commercial purpose. Hence, a communication promoting the sale of a product should not be disguised as, for example, market research, consumer surveys, user-generated content, private blogs, private postings on social media or independent reviews

Identity of the Marketer  (Art. 8)

• The identity of the marketer should be transparent. Marketing communications should, where appropriate, include contact information to enable the consumer to get in touch with the marketer without difficulty
• The above does not apply to communications with the sole purpose of attracting attention to communication activities to follow (e.g. so-called ‘teaser’ advertisements)

Comparisons (Art. 11)

• Marketing communications containing comparisons should be so designed that the comparison is not likely to mislead, and should comply with the principles of fair competition. Points of comparison should be based on facts which can be substantiated and should not be unfairly selected

Denigration (Art. 12)

• Marketing communications should not denigrate any person or group of persons, firm, organisation, industrial or commercial activity, profession or product, or seek to bring it or them into public contempt or ridicule

Testimonials (Art.13)

• Marketing communications should not contain or refer to any testimonial, endorsement or supportive documentation unless it is genuine, verifiable and relevant. Testimonials or endorsements which have become obsolete or misleading through passage of time should not be used

Portrayal or imitation of persons and references to personal property (Art.14)

• Marketing communications should not portray or refer to any persons, whether in a private or a public capacity, unless prior permission has been obtained; nor should marketing communications without prior permission depict or refer to any person’s property in a way likely to convey the impression of a personal endorsement of the product or organisation involved

Exploitation of goodwill (Art.15)

• Marketing communications should not make unjustifiable use of the name, initials, logo and/or trademarks of another firm, company or institution. Marketing communications should not in any way take undue advantage of another firm’s, individual’s or institution’s goodwill in its name, brands or other intellectual property, or take advantage of the goodwill earned by other marketing campaigns without prior consent

Imitation (Art. 16)

• Marketing communications should not imitate those of another marketer in any way likely to mislead or confuse the consumer, for example through the general layout, text, slogan, visual treatment, music or sound effects
• Where a marketer has established a distinctive marketing communications campaign in one or more countries, other marketers should not imitate that campaign in other countries where the marketer who originated the campaign may operate, thereby preventing the extension of the campaign to those countries within a reasonable period of time

Chapters from the Code are: 

Chapter A: Sales Promotion

Chapter B: Sponsorship

Chapter C: Direct Marketing and Digital Marketing Communications 

Chapter D: Environmental Claims in Marketing Communications

Chapter E: Children and Teens (2024 code)

Where the rules are channel-related, they are shown in our following channel section C

The translation above does not include amends to the Marketing Act brought about by the transposition of Directive 2019/2161, delivered in a government bill here under article 2.4. The key clauses, which relate to the integrity of consumer reviews and the criteria for search rankings, do not directly impact ad content, except for new pricing provisions (2.2. in the bill) which are shown below under point 3, or in this article extracted from the Directive

Misleadingness

Section 10 of the act, which is the seminal piece of marketing/ advertising legislation in Sweden, transposing the Unfair Commercial Practices Directive 2005/29/EC, covers misleading marketing as follows:

• In the course of marketing a trader may not make any incorrect statement or other representation that is misleading with respect to the trader’s own or another person's business activity
• The first paragraph applies in particular to representations that concern:

1. The product’s existence, nature, quantity, quality and other distinguishing characteristics
2. The product’s origin, uses and risks such as impact on health or environment
3. Customer service, processing of complaints and method and date of manufacture or supply
4. The product’s price, basis for calculating the price, special price advantages and payment terms
5. The qualifications, position on the market, commitments, trademarks, trade names, distinctive symbols or other rights of the trader or of another trader
6. Awards or distinctions awarded to the trader
7. Terms of delivery for the product
8. Service needs, spare parts, exchange or repairs
9. The trader’s commitment to comply with codes of conduct, and
10. The consumer’s rights under law or other regulation

• A trader may not omit material information when marketing his own or another person's business activity. Misleading omission also refers to cases where the material information is provided in an unclear, incomprehensible, ambiguous or other inappropriate manner

Invitation to purchase

Finally in this coverage of general rules, if your advertising or ‘commercial communication’ constitutes an ‘invitation to purchase’ Definition ‘Indicating characteristics of the product and the price in a way appropriate to the means of the commercial communication used and thereby enables the consumer to make a purchase’ Art. 2 (1) UCP Directive certain material information must be included, as transposed in the Marketing Act Section 12:

• Marketing is misleading if in a representation the trader offers consumers a specific product with a stated price without clear presentation of the following material information:

1. The product’s distinguishing characteristics to the extent appropriate to the media and product
2. Price and unit price stated as stipulated in Sections 7-10 of the Price Information Act (2004:347)
3. The identity and geographical address of the trader
4. Terms and conditions of payment, delivery, performance and processing of complaints if these deviate from normal practice in the industry or for the product in question
5. Information concerning the right of withdrawal or the right to cancel a purchase which must be supplied to the consumer by law.

• Marketing is also misleading if the trader in a representation offers consumers several specific products at a common price, without the offer containing material information under points 1-5 of the first paragraph

2. ENVIRONMENTAL RULES

The environment is a particularly sensitive issue in Sweden, and there are a good number of guidances and frameworks that are influential. The key rules in this context, however, are those from Chapter D  of the ICC Code applicable in Sweden, and its connected ‘Framework’ (November 2021; EN). Extracts from Chapter D are below; the revised framework is a significant addition to the regulatory line-up. Appendix I carries an Environmental Claims Checklist 'that marketers may find useful in evaluating their environmental claims.' It's in Swedish here.

2.1. Chapter D, ICC Advertising and Marketing Communications Code (2018; 2024 code here) 

Scope

This chapter applies to all marketing communications containing environmental claims, i.e. any claim in which explicit or implicit reference is made to environmental or ecological aspects relating to the production, packaging, distribution, use/consumption or disposal of products. Environmental claims can be made in any medium, including labelling, package inserts, promotional and point-of-sales materials, product literature as well as via telephone or digital or electronic media such as e-mail and the internet. All are covered by this chapter. The chapter draws from national and international guidance, including, but not limited to, certain provisions of the International Standard ISO 14021 on ‘Self-declared environmental claims,’ relevant to the marketing communication context, rather than technical prescriptions. Definitions of terms are not spelt out here but available here

D1 Honest and truthful presentation 

• Marketing communication should be so framed as not to abuse consumers’ concern for the environment, or exploit their possible lack of environmental knowledge.
• Marketing communication should not contain any statement or visual treatment likely to mislead consumers in any way about the environmental aspects or advantages of products, or about actions being taken by the marketer in favour of the environment. Overstatement of environmental attributes, such as highlighting a marginal improvement as a major gain, or use of statistics in a misleading way (“we have doubled the recycled content of our product” when there was only a small percentage to begin with) are examples. Marketing communications that refer to specific products or activities should not imply, without appropriate substantiation, that they extend to the whole performance of a company, group or industry
• An environmental claim should be relevant to the particular product being promoted and relate only to aspects that already exist or are likely to be realised during the product’s life, including customary and usual disposal or reasonably foreseeable improper disposal It should be clear to what the claim relates, e.g. the product, a specific ingredient of the product, or its packaging or a specific ingredient of the packaging. A pre-existing but previously undisclosed aspect should not be presented as new. Environmental claims should be up to date and should, where appropriate, be re-assessed with regard to relevant developments
• Vague or non-specific claims of environmental benefit, which may convey a range of meanings to consumers, should be made only if they are valid, without qualification, in all reasonably foreseeable circumstances. If this is not the case, general environmental claims should either be qualified or avoided. In particular, claims such as “environmentally friendly,” “ecologically safe,” “green,” “sustainable,” “carbon friendly” or any other claim implying that a product or an activity has no impact – or only a positive impact – on the environment, should not be used without qualification unless a very high standard of proof is available. As long as there are no definitive, generally accepted methods for measuring sustainability or confirming its accomplishment, no claim to have achieved it should be made
• Qualifications should be clear, prominent and readily understandable; the qualification should appear in close proximity to the claim being qualified, to ensure that they are read together. There may be circumstances where it is appropriate to use a qualifier that refers a consumer to a website where accurate additional information may be obtained. This technique is particularly suitable for communicating about after-use disposal. For example, it is not possible to provide a complete list of areas where a product may be accepted for recycling on a product package
• A claim such as “Recyclable in many communities, visit [URL] to check on facilities near you,” provides a means of advising consumers where to locate information on communities where a particular material or product is accepted for recycling

D2 Scientific research

• Marketing communications should use technical demonstrations or scientific findings about environmental impact only when they are backed by reliable scientific evidence
• Environmental jargon or scientific terminology is acceptable provided it is relevant and used in a way that can be readily understood by those to whom the message is directed. (See also article 6 of the Code - Use of technical/scientific data and terminology)
• An environmental claim relating to health, safety or any other benefit should be made only where it is supported by reliable scientific evidence

D3 Superiority and comparative claims 

• Any comparative claim should be specific and the basis for the comparison should be clear. Environmental superiority over competitors should be claimed only when a significant advantage can be demonstrated. Products being compared should meet the same needs and be intended for the same purpose
• Comparative claims, whether the comparison is with the marketer’s own previous process or product or with those of a competitor, should be worded in such a way as to make it clear whether the advantage being claimed is absolute or relative
• Improvements related to a product and its packaging should be presented separately, and should not be combined, in keeping with the principle that claims should be specific and clearly relate to the product, an ingredient of the product, or the packaging or ingredient of the packaging

D4 Product life-cycle, components and elements

• Environmental claims should not be presented in such a way as to imply that they relate to more stages of a product’s life-cycle, or to more of its properties, than is justified by the evidence; it should always be clear to which stage or which property a claim refers. A life-cycle benefits claim should be substantiated by a life-cycle analysis
• When a claim refers to the reduction of components or elements having an environmental impact, it should be clear what has been reduced. Such claims are justified only if they relate to alternative processes, components or elements which result in a significant environmental improvement
• Environmental claims should not be based on the absence of a component, ingredient, feature or impact that has never been associated with the product category concerned unless qualified to indicate that the product or category has never been associated with the particular component, ingredient, feature or impact. Conversely, generic features or ingredients, which are common to all or most products in the category concerned, should not be presented as if they were a unique or remarkable characteristic of the product being promoted
• Claims that a product does not contain a particular ingredient or component, e.g. that the product is “X-free”, should be used only when the level of the specified substance does not exceed that of an acknowledged trace contaminant (See example)  or background level. Claims that a product, package or component is “free” of a chemical or substance often are intended as an express or implied health claim in addition to an environmental claim. The substantiation necessary to support an express or implied health or safety claim may be different from the substantiation required to support the environmental benefit claim. The advertiser must be sure to have reliable scientific evidence to support an express or implied health and safety claim in accordance with other relevant provisions of the Code

D5 Signs and symbols 

• Environmental signs or symbols should be used in marketing communication only when the source of those signs or symbols is clearly indicated and there is no likelihood of confusion over their meaning. Such signs and symbols should not be used in such a way as falsely to suggest official approval or third-party certification

D6 Waste handling 

• Environmental claims referring to waste handling are acceptable provided that the recommended method of separation, collection, processing or disposal is generally accepted or conveniently available to a reasonable proportion of consumers in the area concerned (or such other standard as may be defined by applicable local law). If not, the extent of availability should be accurately described

D7 Responsibility 

• For this chapter, the rules on responsibility laid down in the General Provisions apply; see article 23

2.2. ICC Framework for Responsible Environmental Marketing Communications

http://www.g-regs.com/downloads/iccenvironmentalframework_2021.pdf

https://icc.se/wp-content/uploads/2022/04/ICC-Riktlinjer-Ansvarsfull-Marknadskommunikation-om-miljo-och-klimat_2022.pdf

• The Swedish Consumer Agency is Konsumentverket 'KO - a government agency that exists for consumers.' Their report on Advertising With Environmental Claims (SW) summarises environmental claims activity in different sectors; the study ‘will form the basis of the Agency's supervision of the area’.
• More straightforward are the rules they publish on their website, translated in the bullet points below:

• Marketing must be responsible
• The average consumer cannot be expected to have deep technical and environmental knowledge
• The accuracy of statements must be capable of verification, especially for products that are environmentally harmful. Judgments 2004:4, 2004:12 and 2011:12, which can be found in the linked document below (borrowed from our cars database), provide relevant rulings from the Market Court:
  http://www.g-regs.com/downloads/SWBilGuidanceEnvironmentb.pdf (EN)
• Only those environmental claims may be used which can be substantiated with current, evidence-based documentation
• General claims must be shown to be valid after an overall assessment of the environmental effects
• Vague and non-specific claims, such as ‘environmentally friendly’ should be avoided
• There should not be any doubt about whether the environmental claim relates to the product itself or the packaging
• Free from "irrelevant" substances claims should not be made, namely that the product lacks substances that in general have nothing to do with the product area/ field. For example, claiming that a product is 'chlorine free' must not be made where the chlorine in the product has been replaced by another equally problematic substance
• Environmental signs and symbols should only be used in marcoms where the source of those signs is clearly indicated and there is no likelihood of confusion over their meaning

2.4. Nordic Ombudsmen guidance 

Guidance of the Nordic Consumer Ombudsmen; use of ethical and environmental-related claims in marketing in Swedish here:

http://www.konsumentverket.se/contentassets/dcac36a19d2a4f5c8c6b451ce8dfc4dd/nordisk-standpunkt-miljo-konsumentverket.pdf

And translated here:

http://www.g-regs.com/downloads/SWGenNordicOmbudsmenEnvironmental_.pdf

This is a fairly lengthy document so it has not been set out below. It provides some useful guidance and references if you are uncertain about what you can and can’t do when making environmental claims or statements, though the territory it covers is based on the ICC Code and the Marketing Act. The Guidance makes the point as follows:

• 2.1. Special requirements regarding marketing or product characteristics, labeling or the like may be determined by special legislation. This may concern, for example, environmental legislation, legislation on chemical products, ecologically produced products, foodstuffs etc. If so, special legislation applies. This guidance applies only to the assessment that may be made in accordance with the Marketing Act

2.5. European Commission/ MDEC guidance 

• The Market Court has referenced: Environmental Claims. Report from the Multi-Stakeholder Dialogue. The Report was presented at the European Consumer Summit 18-19 March 2013 

• Definitive Commission guidance is from Section 4.1.1. Environmental claims from the December 2021 Commission Guidance on application of the UCPD

3. PRICING

Developments at a European level are that Directive 2019/2161 amends to the Product Pricing Directive 98/6/EC are in the form of a new article 6a that provides rules for price reduction announcements, including those in advertising. Transpositions in Sweden are in the March 2022 government bill here (SW) under article 2.2, entry into force July 1. Commission guidance (from 2021) on the application of article 6a is here. Important ECJ case law September 24, 2024 re '30 day' requirement and Pinsent Oct 4 commentary here

Generic pricing rules applicable to all advertising:

3.1 Marketing Act 2008:486 Sections 10 and 12 of the Act

• Section 10: In the course of marketing a trader may not make any incorrect statement or other representation that is misleading with respect to the trader’s own or another person's business activity - applies in particular to representations which concern 4) the product’s price, basis for calculating the price, special price advantages and payment terms
• Section 12: Marketing is misleading if in a representation the trader offers consumers a specific product with a stated price without clear presentation of the following material information: 2. price and unit price stated as stipulated in Sections 7-10 of the Price Information Act (2004:347)
• The Marketing Act also transposes under Section 8: ‘Misleading marketing as specified in points 1-23 of Annex I to Directive 2005/29/EC are always to be regarded as unfair.’ Points 5 and 6 of the Annex referenced are as follows:

5. Making an invitation to purchase products at a specified price without disclosing the existence of any reasonable grounds the trader may have for believing that he will not be able to offer for supply or to procure another trader to supply, those products or equivalent products at that price for a period that is, and in quantities that are, reasonable having regard to the product, the scale of advertising of the product and the price offered ('bait advertising')

6. Making an invitation to purchase products at a specified price and then: (a) refusing to show the advertised item to consumers; or (b) refusing to take orders for it or deliver it within a reasonable time; or (c) demonstrating a defective sample of it, with the intention of promoting a different product ('bait and switch')

3. 2. The Price Information Act

English translation here; provisions require the trader to provide accurate and clear pricing information on products; in particular sections 7-10 must be observed when marketing a product with a stated price, as referenced in Section 12 (2) Marketing Act

• Section 7: Price information for goods shall be provided by details of the price and unit price of the goods. For products other than goods, the price information (indication) shall be provided by details of the price of the product. The Government or the authority appointed by the Government may also prescribe that unit prices shall be indicated for such products. If the price of a product cannot be indicated, the trader shall instead provide a price indication by stating the basis on which the price is determined
• Section 8: A unit price need not be indicated if, owing to the nature or purpose of the product, it may be assumed that the indication of a unit price would not be relevant or if such an indication would possibly cause confusion
• Section 9: Only a unit price needs to be indicated for goods that are not pre-packed and which are measured in the presence of the customer
• Section 10: The price information shall be correct and clear. If charges and other costs may be added, this shall be indicated specially. The price information shall be provided in writing if the consumer cannot obtain the information in some other equivalent way. Price information shall be provided in such a way that it clearly indicates to the consumer the product to which the (price) information relates

3. 3 Section 2, Swedish Consumer Agency’s regulations on price information KOVFS 2012:1(SW). Guidance here (SW)

When a given product is marketed with a quoted price, the price information should be provided pursuant to §§ 7-10 Price Information Act 2004:347

3.4. The Competition Act (2008:579)

in the context of Anti-competitive cooperation between companies; agreements between undertakings shall be prohibited that directly or indirectly fix purchase or selling prices or any other trading conditions (Art. 1). Unofficial English translation of the act here

Article 10 (Sect. I of the Code) Use of ‘Free’ and ‘Guarantee: The term “free”, e.g. “free gift” or “free offer”, should be used only:

• where the offer involves no obligation whatsoever; or
• where the only obligation is to pay shipping and handling charges which should not exceed the cost estimated to be incurred by the marketer, or
• in conjunction with the purchase of another product, provided the price of that product has not been increased to cover all or part of the cost of the offer

​

Where free trial, free subscription and similar offers convert to paid transactions at the end of the free period, the terms and conditions of the paid conversion should be clearly, prominently and unambiguously disclosed before the consumer accepts the offer. Likewise, where a product is to be returned by the consumer at the end of the free period it should be made clear at the outset who will bear the cost for that. The procedure for returning the product should be as simple as possible, and any time limit should be clearly disclosed. See also Article C12 Right of withdrawal.

Marketing communications should not state or imply that a “guarantee”, “warranty” or other expression having substantially the same meaning, offers the consumer rights additional to those provided by law when it does not. The terms of any guarantee or warranty, including the name and address of the guarantor, should be easily available to the consumer and limitations on consumer rights or remedies, where permitted by law, should be clear and conspicuous

Sales Promotions article A2

• Sales Promotions should be so devised as to enable the consumer to identify the terms of the offer easily and clearly, including any limitations. Care should be taken not to exaggerate the value of the promotional item or to obscure or conceal the price of the main product

Direct marketing article C14. Prices and credit terms

• Any information needed by the consumer to understand the cost, interest and terms of any other form of credit should be provided, either in the offer or when the credit is offered

• Whether payment for the offer is on an immediate sale or instalment basis, the price and terms of payment should be clearly stated in the offer, together with the nature of any additional charges (such as postage, handling, taxes, etc.) and, whenever possible, the amount of such charges

• In the case of sales by instalment, the credit terms, including the amount of any deposit or payment on account, the number, amount and periodicity of such instalments and the total price compared with the immediate selling price, if any, should be clearly shown in the offer

• Unless the duration of the offer and the price are clearly stated in the offer, prices should be maintained for a reasonable period of time

4. STEREOTYPING.

Gender portrayal in Sweden is subject to special criteria. The ICC Code article 4 (‘Marketing communications should respect human dignity and should not incite or condone any form of discrimination, including that based upon ethnic or national origin, religion, gender, age, disability or sexual orientation’) is supplemented by Ro with further criteria on three topics (original Swedish here):

1. Advertising that objectifies: advertising that portrays people as sex objects, for example via clothing, pose and context, in a way that can be considered to be degrading. What is considered to be degrading is influenced, among other things, by whether the person has a connection to the product and how and where the advertising has been shown
2. Stereotyping in advertising: advertising that portrays people in stereotypical gender roles and which can be considered to describe or convey a degrading presentation of women or men
3. Advertising that is degrading in any other way and therefore is obviously gender discriminatory

5. ADJUDICATIONS

Day-to-day application of the rules, in this case reviewing complaints, is by RO, per the normal self-regulatory process. Ro adjudicate in two ways:

1. More regular or conventional cases are reviewed by experienced executives at RO
2. Via the RO Jury (RON). Cases that are complicated or deal with a subject that has never been reviewed before are referred to the RO Jury (RON)

As this data is concerned with General versus sector rules, we do not set out individual cases, as there is too much ground to cover. Note, however, that there is particular sensitivity towards, and a strong lobby presence around, gender portrayal in Swedish advertising. The link below shows an example adjudication (in this case not upheld; the link is to a Swedish language website, there's a translation facility on the website which will provide the gist):

http://reklamombudsmannen.org/eng/uttalande/dominos-pizza 

But in this ‘Suit Supply’ case upheld; ad here

There is an additional procedure in Sweden: if the case arouses the interest of the Swedish Consumer Agency, adjudication is via the Patent and Market Courts. For some perspective, here are The Market Court's decisions from 2000 to 31 August 2016; these are in Swedish, but there is a translation facility on the site, which should provide the gist of the decisions

SECTION B CONTENT RULES

1. SELF-REGULATION; the 2024 ICC Code

1.1. General provisions

2. THE LAW 

2.1. General provisions from the Unfair Commercial Practices Directive  (UCPD)
2.2 Specific pricing measures 
2.2.1. Directive 98/6/EC - the Product Price Directive
2.2.2. Extracts from UCPD

2.3. The AVMS Directive 

2.4. The Empco Directive 

2.5. The Green Claims Directive ​
 

1.1 General provisions 

Basic principles (Art. 1)

• All marketing communications should be legal, decent, honest and truthful;
• All marketing communications should be prepared with a due sense of social, environmental and professional responsibility and should conform to the principles of fair competition, as generally accepted in business;
• No communication should be such as to impair public confidence in marketing.
• No communication should in the content and manner made undermine the public’s trust and confidence in marketing communications.

Social responsibility (Art. 2)

• Marketing communications should respect human dignity and should not incite or condone any form of discrimination, including that based upon ethnic or national origin, religion, gender, age, disability or sexual orientation;
• Marketing communications should respect human dignity and should not incite or condone any form of discrimination, including that based upon ethnic or national origin, religion, gender, age, physical attributes, mental health, disability, or sexual orientation. Marketers are encouraged to be mindful of diversity and inclusion (see ICC guidance on diversity and inclusion in advertising, 2023) and seek to avoid stereotypes and objectification. Explanation Stereotyping is the practice of referring to or playing on an oversimplified and untrue notion of a particular group, sometimes employing archetypal traits. Objectification means representing people not as persons or individuals but as objects of sexual or other templating character.
• No marketing communication should be associated with corrupt practices (See ICC Rules on Combatting Corruption which defines in Part 1 “Corruption” or “Corrupt Practice(s)” as used in these rules shall include bribery, extortion or solicitation, trading in influence and laundering the proceeds of these practices) of any kind.
  Marketers should take due account of the ICC Rules on Combating Corruption and other ICC anti-corruption tools 
  ​

Marketing communications should not:

• without justifiable reason play on fear or exploit misfortune or suffering;
• appear to condone or incite violent, unlawful anti-social behavior or animal abuse;
• appear to encourage or condone irresponsible use or harmful behaviour;
• play on superstition;
• marketing communications should not appear to condone or encourage actions which contravene the law, self-regulatory codes or generally accepted standards concerning climate change, sustainable and environmentally responsible behaviour;
• they should respect the principles set out in Chapter D on environmental claims in marketing communications and be mindful of the ICC Framework for Responsible Environmental Marketing Communications

Decency​ (Art. 3)

• Marketing communications should not contain statements or audio or visual treatments which offend standards of decency currently prevailing in the country and culture concerned.
• Marketing communications should not contain anything which offends standards of decency currently prevailing in the country and culture concerned and strive to respect social norms and tradition;
• Marketing communications should not incite or condone hate speech by using elements associated to it, such as false testimonials or endorsements, conspiracy theories, or other means to circulate harmful content

Honesty (Art. 4)

• Marketing communications should be so framed as not to abuse the trust of consumers or exploit their lack of experience or knowledge;
• Relevant factors likely to affect consumers’ decisions should be communicated in such a way and at such a time that consumers can take them into account.
• Marketing communications should be structured in a way that does not take advantage of consumer trust or exploit their inexperience or limited understanding;
• Relevant factors that can affect consumers’ decisions should be communicated in a manner and at a time that allows them to consider them effectively;
• High-pressure marketing tactics which might be construed as harassment or hamper consumer choice, should not be used;
• Marketing communications should not abuse the trust of consumers by using deceptive practices or spreading disinformation using elements such as false testimonials or endorsements, conspiracy theories, such as bait and switch or clickbait. Nor should they knowingly support, engage in, facilitate or fund illegal activities. See ICC Statement on Misplaced Digital Ads.