SECTION A OVERVIEW

Updates:

Ro review March 2020

Links refreshed Sept 2020l

New CE code set out Dec 2020

'Clean' marketing claims. U.S. May 2023

Bryan Cave Leighton Paisner/ Lex

Reviewed November 2023; 2 links renewed

New ICC Code September 19, 2024

Press release here and key changes here 

These pages cover the rules for marketing communications in the cosmetics sector. We don’t cover labelling or packaging. A cosmetic product is defined here Definition ‘any substance or mixture intended to be placed in contact with the external parts of the human body (epidermis, hair system, nails, lips and external genital organs) or with the teeth and the mucous membranes of the oral cavity with a view exclusively or mainly to cleaning them, perfuming them, changing their appearance, protecting them, keeping them in good condition or correcting body odours.’ (Art.2.1.a. Regulation 1223/2009). A source of difficulty in making claims in this category is whether a particular product falls under cosmetics legislation or should be considered to be a medicinal product. In that context, the European Commission pages on Cosmetics are here and their statements on borderline products here. This is a heavily regulated sector with requirements for e.g. the appointment of ‘responsible persons’ and the registering of PIFs (Product Information Files), which type of requirements is outside our scope.

There are two EU Regulations at the heart of the regulatory regime for the cosmetics sector, so all member states have those Regulations as the ‘core’ of rules. In the case of Sweden, that core is supplemented by some cosmetics trade association rules/ guidelines as well as ‘general’ rules on social responsibility, misleadingness etc. that will impact on Cosmetics advertising. 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, adjudication is via the Patent and Market Courts. 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 full picture for cosmetics advertising in Sweden is of three regulatory influences, as follows:

The Cosmetic Products Regulation (CPR) 1223/2009 deals largely with product formulation, the core marcoms-related provision being from article 20. 1: 'In the labelling, making available on the market and advertising of cosmetic products, text, names, trade marks, pictures and figurative or other signs shall not be used to imply that these products have characteristics or functions which they do not have'. In the same article, the EC is required to develop an 'action plan regarding claims used and fix priorities for determining common criteria justifying the use of a claim.' Full article here. The outcome was the ‘Regulation 655/2013 setting out those ‘’common criteria’ for the justification of claims for cosmetic products, i.e. the acceptability of a claim made on a cosmetic product is determined by its compliance with the common criteria. The six common criteria are:

Legal Compliance

Truthfulness

Evidential support

Honesty

Fairness

Informed decision-making

here with summary descriptions. These rules are directly applicable in member states. Official guidelines to Regulation 655/2013 are here; this shows each of the six criteria and examples of claims that are not permitted. Details in our following content section B.

2.1. Self-regulation. In Sweden’s case, there is no specific cosmetics code from the advertising industry regulator Ro. As with a number of countries, they apply their national ‘general’ code, in this case the ICC Advertising and Marketing Communications Code. (This is the 2018 Code in English; the Swedish version is here; RO base their decisions on the latter, obvs. The 2024 code in English is here). The Swedish Cosmetics, Toiletries, and Detergents Association (KoHF) work closely both with Cosmetics Europe (CE) and Ro, publishing the Swedish version of CE’s Guiding Principles on Responsible Advertising and Marketing Communication (2020), which has wide application in Europe and which is ‘recognised/ endorsed’ by Ro; see statement here. Details in the following content section B;

2.2. Legislation. ‘Förordning Om kosmetiska produkter’ 2013:413 (SW), the Ordinance on Cosmetic Products, and ‘Läkemedelsverkets föreskrifter om kosmetiska produkter’ LVFS 2013:10 (SW), the Swedish Medical Products Agency´s Cosmetics provisions, complement Regulation 1223/2009. This legislation does not provide for marcoms rules per se. It includes, for example, requirements for Swedish labeling, rules for products that are not pre-packed, and language rules for Product Information Files and other material.

3.1. Self-regulation. The rules on which Ro base their decisions are from the ICC Advertising and Marketing Communications Code (EN 2018; 2024 code here). Sectors such as cosmetics, which may have their own specific codes, are also subject to these rules (see tab below), which in the form of social responsibility/ taste and decency etc. are frequently applied in sector adjudications. Also particularly relevant and high profile in Sweden are some of the environmental rules that apply: 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 the General tab below, point 2.3); the guidance draws on the principles within Chapter D - Environmental claims in marcoms - of the ICC Code linked above. The Nordic Consumer Ombudsmen's Use of ethical and environmental-related claims in marketing is here in Swedish and translated here.

3.2. Legislation. Marketing/ communications law in Sweden is provided by the Marketing Act 2008:486 (EN), which in Sweden provides the cornerstone of communications legislation, transposing 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, so it’s an important source of rules in Sweden and frequently referenced in Market Court proceedings. More under point 3.3 in our following content section B.

Cosmetics Europe (CE) is a particularly active trade association, responsible for Guiding Principles on Responsible Advertising and Marketing Communication (2020); these rules have direct application for members in Sweden. See 2.1 above

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. THE CPR 1223/2009 AND CLAIMS REGULATION 655/2013

1.1. The CPR

1.2. The Claims Regulation Common Criteria and guidelines

1.3. Guidelines for ‘free-from' claims

1.4. Guidelines for ‘hypoallergenic’ claims

1.5. Other claims – ‘natural’ and ‘organic’

1.6. Sunscreen products

1.7. Animal testing (absence of)

2. THE KTF/CE COSMETICS CODE

2.1. Product claims substantiation

2.2. Image honesty

2.3. Testimonials/ specialist recommendations

2.4. Environmental aspects in advertising

2.5. Social responsibility

3. GENERAL RULES with most relevance to Cosmetics

3.1. ICC Code key clauses

3.2.  Environmental claims

3.3. Legislation in marketing communications in Sweden

4. COSMETICS EUROPE 
5. ADJUDICATIONS

1. THE CPR 1223/2009 AND CLAIMS REGULATION 655/2013

1.1. The CPR 1223/2009

• The CPR carries one key article specific to claims in marketing communications - Article 20. From that: 1. ‘In the labelling, making available on the market and advertising of cosmetic products, text, names, trade marks, pictures and figurative or other signs shall not be used to imply that these products have characteristics or functions which they do not have.’
• 3. The responsible person may refer, on the product packaging or in any document, notice, label, ring or collar accompanying or referring to the cosmetic product, to the fact that no animal tests have been carried out only if the manufacturer and his suppliers have not carried out or commissioned any animal tests on the finished cosmetic product, or its prototype, or any of the ingredients contained in it, or used any ingredients that have been tested on animals by others for the purpose of developing new cosmetic products
• The article also requires: ‘the Commission shall adopt a list of common criteria for claims which may be used in respect of cosmetic products, in accordance with the regulatory procedure with scrutiny referred to in Article 32(3) of this Regulation, taking into account the provisions of Directive 2005/29/EC.’ (Note: that’s the Unfair Commercial Practices Directive which we cover later and below under the General tab. All that’s being said here is that the nature of the common criteria should be consistent with ‘horizontal’ provisions in the UCPD

1.2. The Claims Regulation 655/2013

The acceptability of a claim made on a cosmetic product is determined by its compliance with the 'Common Criteria.' Official guidelines to all of the common criteria from Regulation 655/2013 are here; guidelines for each of the criteria have been extracted and are shown separately under each sub-head below

1. Legal compliance

Guidelines for this criterion here

1. Claims that indicate that the product has been authorised or approved by a competent authority within the Union shall not be allowed
2. The acceptability of a claim shall be based on the perception of the average end user of a cosmetic product, who is reasonably well-informed and reasonably observant and circumspect, taking into account social, cultural and linguistic factors in the market in question
3. Claims which convey the idea that a product has a specific benefit when this benefit is mere compliance with minimum legal requirements shall not be allowed

2. Truthfulness

Guidelines for this criterion here

1. If it is claimed on the product that it contains a specific ingredient, the ingredient shall be deliberately present
2. Ingredient claims referring to the properties of a specific ingredient shall not imply that the finished product has the same properties when it does not
3. Marketing communications shall not imply that expressions of opinions are verified claims unless the opinion reflects verifiable evidence.

3. Evidential support

Guidelines for this criterion here

1. Claims for cosmetic products, whether explicit or implicit, shall be supported by adequate and verifiable evidence regardless of the types of evidential support used to substantiate them, including where appropriate expert assessments
2. Evidence for claim substantiation shall take into account state of the art practices
3. Where studies are being used as evidence, they shall be relevant to the product and to the benefit claimed, shall follow well-designed, well-conducted methodologies (valid, reliable and reproducible) and shall respect ethical considerations
4. The level of evidence or substantiation shall be consistent with the type of claim being made, in particular for claims where lack of efficacy may cause a safety problem
5. Statements of clear exaggeration which are not to be taken literally by the average end user (hyperbole) or statements of an abstract nature shall not require substantiation
6. A claim extrapolating (explicitly or implicitly) ingredient properties to the finished product shall be supported by adequate and verifiable evidence, such as by demonstrating the presence of the ingredient at an effective concentration
7. Assessment of the acceptability of a claim shall be based on the weight of evidence of all studies, data and information available depending on the nature of the claim and the prevailing general knowledge the end users

4. Honesty

Guidelines for this criterion here

1. Presentations of a product’s performance shall not go beyond the available supporting evidence
2. Claims shall not attribute to the product concerned specific (i.e. unique) characteristics if similar products possess the same characteristics
3. If the action of a product is linked to specific conditions, such as use in association with other products, this shall be clearly stated

5. Fairness

Guidelines for this criterion here

1. Claims for cosmetic products shall be objective and shall not denigrate the competitors, nor shall they denigrate ingredients legally used
2. Claims for cosmetic products shall not create confusion with the product of a competitor

6. Informed decision-making

Guidelines for this criterion here

1. Claims shall be clear and understandable to the average end user
2. Claims are an integral part of products and shall contain information allowing the average end user to make an informed choice
3. Marketing communications shall take into account the capacity of the target audience (population of relevant Member States or segments of the population, e.g. end users of different age and gender) to comprehend the communication. Marketing communications shall be clear, precise, relevant and understandable by the target audience

1.3. Guidelines for ‘free from' claims

From the Technical document on cosmetic claims agreed by the Sub-Working Group on Claims (version of 3 July 2017). We have assembled the specific free-from' guidance related to common criteria in a table here. Note: the technical document is not an EC document. “In the case of ‘free from’ claims, more guidance is needed for the application of the common criteria to provide an adequate and sufficient protection of consumers and professionals from misleading claims.”

1.4. Guidelines for hypoallergenic claims

From Annex IV Technical document on cosmetic claims  (version of 3 July 2017)

The claim "hypoallergenic" can only be used in cases, where the cosmetic product has been designed to minimize its allergenic potential. The responsible person should have evidence to support the claim by verifying and confirming a very low allergenic potential of the product through scientifically robust and statistically reliable data (for example reviewing postmarketing surveillance data, etc.). This assessment should be updated continuously in light of new data. If a cosmetic product claims to be hypoallergenic, the presence of known allergens or allergen precursors should be totally avoided, in particular of substances or mixtures:

• Identified as sensitizers by the SCCS or former committees assessing the safety of cosmetic ingredients
• Identified as skin sensitizers by other official risk assessment committees
• Falling under the classification of skin sensitizers of category 1, sub-category 1A or sub-category 1B, on the basis of new criteria set by the CLP Regulation18
• Identified by the company on the basis of the assessment of consumer complaints
• Generally recognized as sensitizers in scientific literature
• For which relevant data on their sensitizing potential are missing

The use of the claim "hypoallergenic" does not guarantee a complete absence of risk of an allergic reaction and the product should not give the impression that it does.

Regarding the use of human data in risk assessment of skin sensitisation, including ethical aspects, reference should be made to the SCCS “Memorandum on use of Human Data in risk assessment of skin sensitisation”, SCCS/1567/15, 15 December 2015.

The companies should consider whether consumers, in the respective country, understand the claim "hypoallergenic". If necessary, further information or clarification regarding its meaning should be made available.

1.5. Other claims – ‘natural’ and ‘organic’

• As it stands, the terms ‘natural’ and ‘organic’ are not specifically regulated under cosmetics rules, although Article 20 CPR and the Common Criteria still apply as they do to all types of cosmetic product claims, whether natural/ organic or otherwise; the claim must not mislead and must be capable of substantiation. Horizontal legislation will also apply, per UCPD 2005/29/EC as transposed into Swedish law in the form of the Marketing Act; see 3.3 below
• Non-mandatory source (soft law): Natural cosmetics guidelines approved by the Council of Europe expert committee on Cosmetics, which provides conditions of use of ‘natural’ claims. Despite dating back to September 2000, the guidelines continue to have some relevance in the absence of specific replacements in European law
• That absence is part explained here: Clarification of the absence of European harmonised standard for natural and organic cosmetics from the DG Sanco (EC Health and Consumer Protection Department) pages 16/10/2015. The bottom line of that explanation is that an International Organization for Standardization (ISO) standard for natural and organic cosmetics was in the process of development. That process has now completed and been published, but findings/ conclusions do not include claims related to the terms ‘natural’ and ‘organic’.
• There are two ‘private’ (non profit) associations who provide standards: Cosmos-Standard, and NaTrue. Further background to those organisations and their publications, and more on all of the above, has been assembled here
• From the CTPA Guide to Cosmetic Advertising Claims: ‘Natural’ and ‘Organic’ Claims. There is no specific guidance for ‘natural’ and ‘organic’ claims. Cosmetic natural and/ or organic standards have been developed by different certification bodies. However, none of these standards or guidelines is specifically backed by law. They are all different, although the difference may be minor. Between 2016 and 2017 the International Standards Organisation (ISO) published Guidance 16128 on definitions and assessment for ‘natural’ and ‘organic’ ingredients and products for cosmetics; ISO 16128 provides a technical approach to determine the ‘natural’ and ‘organic’ content of cosmetic products: it does not address product communication (claims and labelling), human safety, environmental safety or socio-economic considerations.
• ‘Natural’ or ‘organic’ cosmetic products must comply with the safety and product information requirements of the Cosmetic Products Regulation. In particular, ‘natural’ and ‘organic’ claims for cosmetic products have to comply with article 20 of the Cosmetic Products Regulation and the Common Criteria for Cosmetic Claims. Companies should set defined criteria for their understanding of ‘natural’ and ‘organic’ based on the above mentioned ISO Standard and adhere to these criteria. Companies should also be transparent to consumers about these criteria and should not imply that this type of product is safer than other cosmetics just because they are making ‘natural’ or ‘organic’ claims.

1.6. Sunscreen products

Defined as any preparation (such as creams, oils, gels, sprays) intended to be placed in contact with the human skin with a view exclusively or mainly to protecting it from UV radiation by absorbing, scattering or reflecting radiation (sect. 1 (2a) CR). Therefore it applies to “primary” sun protection products such as beach, mountain or sports products. Daily protection products, such as moisturizers, with labelling of UV protection (even an SPF and/or UVA protection level) will not come under the scope of the Recommendation, as long as they do not claim "sun protection". (per Cosmetic Europe Q&A) 

The EC pages on sunscreen products documentation and legislation are here. From those:

Sunscreen products are cosmetics according to Regulation (EC) No 1223/2009. The efficacy of sunscreen products, and the basis on which this efficacy is claimed are important public health issues. In particular:

• Products should contain protection against all dangerous UV radiation
• An indication of the efficacy of sunscreen products should be simple, unambiguous, and meaningful; and it should be based on standardised, reproducible criteria
• Labels and claims should provide sufficient information to help consumers choose the appropriate product and apply it correctly

The Recommendation on the efficacy of sunscreen products and the claims made relating to them, adopted in 2006, addresses these issues and sets out the:

• Claims which should not be made in relation to sunscreen products
• Precautions to be observed including application instruction
• Minimum efficacy standard for sunscreen products in order to ensure a high level of protection of public health
• Simple and understandable labelling to assist in choosing the appropriate product

Prohibited claims

No claim should be made that implies the following characteristics (point 5):

• 100% protection from UV radiation (such as ‘sunblock’, ‘sunblocker’ or ‘total protection’)
• No need to re-apply the product under any circumstances (such as ‘all day prevention’)

Efficacy claims

• Claims indicating the efficacy of sunscreen products should be simple, unambiguous and meaningful and based on standardised, reproducible criteria (point 11)
• Such claims need to be verified by the respective testing methods as outlined in Point 10 and subsequently standardised by ISO and published by European Standardisation Organisation (CEN)
• Claims indicating UVB (Burn) and UVA (Aging) protection should be made only if the protection equals or exceeds the levels set out in Point 10, which provides for the minimum degrees of protection:

• For UVB Protection Claims: SPF (Sun Protection Factor) rating must be at least 6
• For UVA Protection Claims (including Broad Spectrum claims): a UVA protection factor should be at least 1/3 of the labelled SPF; second criterion a critical wavelength of 370 nm, as obtained in application of the critical wavelength testing method.

Cosmetics Europe Related Guidelines and Recommendations

• Recommendation No. 23 Important Usage and Labelling Instructions For Sun Protection Products (February 2009)
• Recommendation No. 25 Use of Appropriate Validated Methods for Evaluating Sun Product Protection (2013)

1.7. Animal testing (absence of)

Article 20 (3) of the CPR and the accompanying guidelines from Commission Recommendation 2006/406/EC allows restricted use of claims on the absence of animal testing, relating to the development or safety evaluation of the product or its ingredients. Cosmetics Europe has argued that such a claim is obsolete, as it would transgress the Legal Compliance common criterion: that you have complied with a legal requirement can’t be the basis of a claim. As animal testing is prohibited (testing ban since 11/09/2004 and marketing ban since 11/03/2009) such a claim would be founded on a legal requirement

2. THE KTF/CE COSMETICS CODE

https://www.cosmeticseurope.eu/files/6014/6407/4897/Guiding_Principles_on_Responsible_Advertising_and_Marketing_Communication.pdf (EN)

https://www.kohf.se/s/Cosmetics-Europe_Guid-Principles-Responsible-Ad-Marketing-Com_svenska_1302043.pdf (SW)

The full document should ideally be read, Below excludes the Charter, Introduction, Regulatory Framework, scope, footnotes etc. Numbering below is not consistent with the original

2.1. Advertising sincerity

The European cosmetics industry commits to provide sincere advertising and marketing communication that do not mislead and misinform the consumer about products’ characteristics. Sincerity is the basic and essential part of a responsible approach to the advertising of all products

2.1.1. Product claims substantiation

Any cosmetic products’ claims, whether explicit or implicit, must be supported by adequate and appropriate evidence demonstrating the performance of a product. The specific context and circumstances in which the claim is made (including social and cultural factors) should be taken into account.

Claims must conform to:

(a) The list of common criteria developed by the European Commission:  Legal compliance, Truthfulness, Evidence support, Honesty, Fairness, Allowing informed decisions

(b) The “Best practice for claim substantiation evidence”*, applying to: Experimental studies, Consumer perception tests, The use of published information

*Annex II of Guidelines to Commission Regulation (EU) No 655/2013

2.2. Image honesty

•  Digital techniques may be used to enhance the beauty of images to convey brand personality and positioning or any specific product benefit
• The use of pre and post production techniques such as styling, re-touching, lash inserts, hair extensions, etc., should abide by the following principles:

1. The advertiser should ensure that the illustration of a performance of an advertised product is not misleading (see Product Claim Substantiation)
2. Digital techniques should not alter images of models such that their body shapes or features become unrealistic and misleading regarding the performance achievable by the product
3. Pre- and post-production techniques are acceptable provided they do not imply that the product has characteristics or functions that it does not have

For example, the following cases would not be considered misleading:

• Using obvious exaggeration or stylized beauty images that are not intended to be taken literally
• Using techniques to enhance the beauty of the images that are independent from the product or effect being advertised

2.3. Testimonials and specialist recommendations

General provisions

Testimonials and specialist recommendations may be used to emphasise the characteristics of cosmetic products and create a brand image. Testimonials and specialist recommendations:

1. May be used in the form of written or spoken statements
2. Must be genuine, responsible and verifiable
3. Cannot replace material substantiation of a claim (see Product Claim Substantiation)
4. Shall avoid any misrepresentation and misinformation with regards to the nature of the product being advertised, its properties and the achievable results (3.2.3.1)

Testimonials

• Testimonials from celebrities, private persons or consumers, etc., may be used provided they are presented as a personal assessment or impression of a product
• Testimonials should not be considered as proof of product efficacy that can only be established on the basis of adequate and appropriate evidence; see Products’ Claims Substantiation (3.2.3.2)

Specialist recommendations

• Recommendations from medical, para-medical or scientific specialists (referred to as “specialist(s)”) on an ingredient, a product, or a general message on hygiene or beauty, is acceptable provided they are established on the basis of adequate and appropriate evidence (see Product Claims Substantiation)
• Such specialists must be selected on the basis of their qualifications, expertise or experience in the particular area (3.2.3.3)

2.4. Environmental aspects in advertising

• When environmental claims are made, cosmetics companies shall respect the principles of truthfulness, clarity, accuracy, relevance and scientific substantiation (see Product Claims Substantiation – s. 3.2.1)
• If the environmental claim being made is not literally true or is likely to be misinterpreted by consumers or is misleading through the omission of relevant facts, this environmental claim shall not be made

Specific attention should be brought to:

General presentation

The general presentation of a cosmetic product (colours, visuals, etc.) and individual claims shall not:

1. Be based on false information
2. Imply an environmental benefit that the product does not have
3. Exaggerate the environmental aspect of the product to which the claim relate
4. Emphasise any single environmental benefit while concealing the aspects which present a negative environmental influence (3.2.4.1)

Use of symbols / suggestion of third party certification

1. Any supporting information, imagery or symbols shall be justified to and understandable by the average consumer
2. Any use of symbol or logo must not imply that the product has achieved the required relevant third-party endorsement when it is not the case (3.2.4.2)

Accuracy and relevance of the environmental claim

1. The environmental claim shall be presented in a manner that clearly indicates whether the claim applies to the complete product or only to a product component or to the packaging or to an element of a service
2. The environmental claim shall be relevant to the particular product, and used only in an appropriate context or setting
3. The claim shall be specific as to the environmental benefit or environmental improvement which is claimed; consequently, an environmental benefit may be claimed provided that an appropriate assessment of the environmental impact of the product has been carried out (3.2.4.3)

Substantiation

1. Environmental claims for cosmetic products, whether explicit or implicit, must be supported by adequate and appropriate scientific evidence
2. Test methods and studies being used as evidence must be relevant to the product and to the environmental benefit claimed
3. Environmental claims shall be reassessed and updated as necessary to reflect changes in technology, competitive products or other circumstances that could alter the accuracy of the claim
4. In the context of “natural” and “organic” cosmetic products, the International Organization for Standardization (ISO) is currently developing a set of technical criteria and definitions regarding organic and natural cosmetic ingredients and products. These technical criteria do not apply to claims but can be used as a reference for the substantiation of claims “natural” and “organic” for cosmetic ingredients and products (3.2.4.4)

2.5. Social responsibility

General principles

All cosmetic advertising and marketing communication shall comply with general provisions, concerning:

1. Taste and Decency: Cosmetics advertising and marketing communication “should not contain statements or audio or visual treatments which offend standards of decency currently prevailing in the country and culture concerned”.
2. Portrayal of gender: Cosmetics advertising and marketing communication should not contain any sexually offensive material and should avoid any textual material or verbal statements of a sexual nature that could be degrading to women or men. Furthermore, advertising and marketing communication should not be hostile toward a certain gender
3. Offensiveness: Any statement or visual presentation likely to cause profound or widespread offence to those likely to be reached by it, irrespective of whether or not it is directly addressed to them, is not acceptable. This includes shocking images or shocking claims used merely to attract attention
4. Violence: Cosmetics advertising and marketing communication “should not appear to condone or incite violent, unlawful or anti-social behaviour”
5. Play on superstition: “Marketing communications should not play on superstition”
6. Play on fear: Cosmetics advertising and marketing communication “should not without justifiable reason play on fear or exploit misfortune or suffering”
7. Exploitation of credulity and inexperience: Cosmetics advertising and marketing communication should not be framed so as to abuse the trust of consumers or exploit their lack of experience or knowledge
8. Discrimination: Cosmetics advertising and marketing communication “should respect human dignity and [diversity. It] should not incite or condone any form of discrimination, including that based upon [...] [ethnic group], national origin, religion, gender, age, disability or sexual orientation”
9. Denigration: Cosmetics advertising and marketing communication “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”
10. Safety and health: Cosmetics advertising and marketing communication “should not without reason, justifiable on educational or social grounds, contain any visual presentation or any description of dangerous practices or of situations which show a disregard for safety or health”. Models used in advertisements and post production techniques should not appear to promote a preferred body image of extreme thinness
11. Humour may be used in advertising and marketing communication in such a manner that it does not stigmatize, humiliate or undermine any person or group of persons (3.3.1)

Specific principles

Respect for the human being

Given the possible impact that cosmetics advertising and marketing communication may have on consumers’ self-esteem, the following should be taken into consideration when using models in advertising:

1. Do not focus on bodies and parts of bodies as objects when not relevant to the advertised product.
2. Do not stage nude models in a way that is demeaning, alienating or sexually offensive.

When using nudity, the media used and the intended audience should be considered (3.3.2.1)

Vulnerable populations – children

The European cosmetics industry commits to provide responsible advertising and marketing communication towards children and young people. Cosmetic products especially designed for children may be advertised provided that:

1. Advertising should foster the hygiene and sanitary benefits of cosmetic products to children in particular sun protection products, oral care products, and cleaning products (including soap, shampoos and teenage acne cover-ups)
2. Advertising of decorative cosmetics and perfumes should not incite children to overuse of such products
3. Advertising of cosmetic products, including images, should not promote early sexualisation of young people  (3.3.2.2)

3. GENERAL RULES

With particular relevance to cosmetics

• Note: It is important that the rules for all product sectors are also understood; adjudications against cosmetics advertising may well come from general misleadingness or taste and decency rules, for example. The principal source of rules for all advertising content is the 2018 ICC Advertising and Marketing Communications Code (EN 2018; 2024 code here), on which Ro base their decisions. Rules from this code are set out in some detail below under the General tab, so we show below only some key clauses. These are for the time being from the 2018 code - we understand the 20124 code will apply from January 2025.

3.1. ICC Code key clauses; from the General Principles section

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 behaviour
• 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

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

3.2. Environmental claims

The way in which marcoms deal with environmental aspects is, perhaps not surprisingly, particularly sensitive in Sweden. Below  are the key regulatory influences. More information can be found either under the General tab below, or from the Cars database on the home page of this website

• Chapter D Environmental claims in Marketing communications (EN) from the ICC Code is applicable in Sweden
• The ICC Framework for Responsible Environmental Marketing Communications
  https://iccwbo.org/content/uploads/sites/3/2019/08/icc-framework-for-responsible-environmental-marketing-communications-2019.pdf
• The Swedish Consumer Agency publish rules on their website  (SW) for Environmental claims in advertising, translated 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.

• 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

3.3. Legislation in marketing communications in Sweden (non-exhaustive)

While advertising regulation is largely managed by the industry, legislation plays a part in channel especially, but also in advertising content. Commercial practices deemed unfair, and comparative advertising in particular, can end up in the courts, so it’s best to know what the law says albeit rules are largely echoed in self-regulation

These are the core national laws for all marketing communications content in Sweden, cosmetics included. Provisions are set out under the General tab below. These and others are also shown under our following channel section C where applicable, again largely under the General tab as they apply to all product categories

• Core legislation, applied in the Market and Patent Courts and probably a greater presence than any equivalent in Europe is the Marketing Act 2008:486 (EN); provides e.g. rules from the Unfair Commercial Practices Directive 2005/29/EC on Transparency (Section 9 of the Act) misleadingness (S10) Comparative advertising (S18), and rules for advertising that constitutes an ‘Invitation to Purchase’ (S12)
• The Act also transposes elements of European marketing/ privacy legislation: Directive 2002/58/EC on the protection of privacy in (direct) electronic communications (see Sections 19, 20 MA) supplemented by the Electronic Communications Act ECA - law No. 2003:389 (EN)
• The Act on Electronic Commerce 2002:562 (SW) implemented e-Commerce Directive 2000/31/EC, which requires that ‘Information Society services’ Definition information society services: services which is normally performed for compensation and provided remotely, by electronic means and at the individual request of a service recipient, “service provider" means any natural or legal person providing any of the information society services make available information about themselves ‘to recipients and authorities in a simple, direct and permanent manner’ (normally a link). Details in our channel section C under the General tab
• The Radio and TV Act 2010:696 (EN) adopts provisions from AVMS Directives 2007/65/EC and 2010/13/EU on advertising, sponsorship and product placement in broadcasting

4. COSMETICS EUROPE

https://cosmeticseurope.eu/files/8716/0015/1562/Charter_and_Guiding_Principles_on_Responsible_Advertising_and_Marketing_Communications_-_1st_Revision.pdf

Or the file can be downloaded at: https://www.cosmeticseurope.eu/library/8

2.2.1. General principles. All cosmetic advertising and marketing communication shall comply with general provisions, concerning:

1. Denigration: cosmetics advertising and 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
2. Discrimination: cosmetics advertising and marketing communications should respect human dignity and diversity. It should not incite or condone any form of discrimination, including that based upon ethnic group, national origin, religion (or no religion), gender, age, disability, lifestyle choice or sexual orientation
3. Exploitation of credulity and inexperience: cosmetics advertising and marketing communications should not be framed so as to abuse the trust of consumers or exploit their lack of experience or knowledge
4. Humour may be used in advertising and marketing communications in such a manner that it does not stigmatize, humiliate or undermine any person, group of persons or beliefs
5. Lifestyle choices: cosmetic advertising and marketing communications should not be denigrating or judgmental regarding lifestyle choices that consumers choose to make
6. Play on fear: cosmetics advertising and marketing communications should not without justifiable reason play on fear or exploit misfortune or suffering
7. Play on superstition: Marketing communications should not play on superstition
8. Portrayal of gender: cosmetics advertising and marketing communications should not contain any sexually offensive material and should avoid any textual material or verbal statements of a sexual nature that could be degrading to those that associate themselves with any type of gender identity. Furthermore, advertising and marketing communications should not be hostile toward any gender identity
9. Offensiveness: any statement or visual presentation likely to cause profound or widespread offence to those likely to be reached by it, irrespective of whether or not it is directly addressed to them, is not acceptable. This includes the use of shocking images or claims used merely to attract attention
10. Taste and Decency: cosmetics advertising and marketing communications should not contain statements or audio or visual treatments which offend standards of decency currently prevailing in the country and culture concerned
11. Violence: cosmetics advertising and marketing communications should not appear to condone or incite violent, unlawful or anti-social behaviour
12. Safety and health: cosmetics advertising and marketing communications should not without reason, justifiable on educational or social grounds, contain any visual presentation or any description of dangerous practices or of situations which show a disregard for safety or health. Models used in advertisements and post-production techniques should not appear to promote a preferred body image of extreme thinness.

2.2.2. Specific principles related to respect for the human being

1. Do not focus on bodies and parts of bodies as objects when not relevant to the advertised product
2. Do not stage nude models in a way that is demeaning, alienating or sexually offensive. When using nudity, the media used and the intended as well as potential audience should be considered. This also applies to any way a model may be dressed, where this may be offensive in certain cultural contexts

• Advertising could consider promoting the concept of hygiene and sanitary benefits of cosmetic products to children and teens, in particular sun protection products, oral care products, and cleaning products (including soap, shampoos and teenage acne coverups)
• Advertising of decorative cosmetics and perfumes should not incite children to overuse of such products
• Advertising of cosmetic products, including images, should not promote early sexualisation of young people
• Advertising in social media platforms, smartphone applications or games that children or teens may be attracted to or targeted by should be considered very carefully in terms of the effects they may have

Image honesty

1. The advertiser should ensure that the illustration of a performance of an advertised product is not misleading (see Product Claim Substantiation)
2. Digital techniques should not alter images of models such that their body shapes or features become unrealistic and misleading regarding the performance achievable by the product
3. Pre- and post-production techniques are acceptable provided they do not imply that the product has characteristics or functions that it does not have. For example, the following cases would not be considered misleading:

• Using obvious exaggeration or stylized beauty images that are not intended to be taken literally
• Using techniques to enhance the beauty of the images that are independent from the product or effect being advertised

5. ADJUDICATIONS

The link to the Adjudications/ Decisions tab on the RO website is here. The database includes a search facility. Three examples of Jury decisions below
 

5.1. Stereotyping

Perfume ad not sexist shock

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.