New challenges for UCP directive

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New challenges for UCP directive

• Gry Nergard
• Deputy Consumer Ombudsman
• Norway

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Implementation status in Norway

• Marketing Control Act from 1972
• New Act into force 1st June 2009

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Green claims what?

• Use of statements, information, symbols and/or
  labeling schemes which give the impression that
  the company takes particular regard to the
  environment or that the product has such
  particular quality

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Green claims why?

• Consumers more political make decisions from
  price, quality and green claims?
• Qualification environment and climate is an
  political issue
• Qualification good living standards
• Green claims good selling arguments

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The political consumer

• 33 have boikotted goods and servieces the last
  year
• 25 has avoided product based on their political
  views
• 50 of the population feels that they can
  contribute to solve environmental problems
• 63 are willing to avoid certain goods and
  services in order to protect our national
  resources

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The political consumer

• 16 has bought fair trade good last month
• 53 has bought product with an environmental
  label
• 37 has bought ecological food

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Green claims unfair marketing practices?

• Black list

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Green claims unfair marketing practises?

• Misleading?
• Misleading omissions?

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Greenwashing

• Unfair marketing practices?
• Taste decency?

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Working methods

• Negotiations
• Guidelines codes of conduct
• Sweeps
• Sanctions

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Mobile content services what?

• Services that are delivered to and used with
  mobile phones via a public telecommunications
  network.
• Examples ringtones, pictures, polls, chatting,
  screen savers, games, videos, social communities,
  etc.
• Delivered either as subscription services or as
  one-time-use services.
• Payment takes place either immediately by
  debiting a pay-as-you-go card or in arrears,
  through a deduction to the user's phone bill.

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Problems

• Free-claims black list
• Price information/subscription information/small
  print - misleading
• Invitation to purchase lack of information?

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Children and the mobile content service market

• Active users of telecommunication products and
  services
• 9 out of 10 had their own mobile phone at the age
  of ten (Norway 2007).
• An increasingly number of 7 year olds have their
  own phone.
• Large-scale consumers of mobile content services.
  
• The content providers often target children and
  young people.
• Advertised massively in all media channels.
• Easy to buy Simply by sending a text message to
  the advertised access number, or by typing your
  mobile number in an ad on a website.

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• Distort the economical behaviour of a vulnerable
  group?
• Direct exhortation to children to buy advertised
  products?
• Can children sign up for such a contract
  themselves? What if not?

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Example

• Teddy
• Celldorado Ringetoner Psycho Teddy Få denne
  gale PsychoTeddy ringetone på din mobil!

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Challenges

• Geographical, cultural and economical differences
• Different markets, products and arguments
• More difficult negotiations?
• Development of alternative working methods?

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More challenges

• Specific rules what will happen to close
  examples?
• Vague rules how will they be judged in the
  different countries, at diffrent times?
• Total harmonisation is it suitable?

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• Thank you for your attention!
• gn_at_forbrukerombudet.no