Keys to the Sustainable Consumer Law: From 'Polluting' Advertising to Repairability

The government has approved the draft law on sustainable consumption, a law that protects consumers from "polluting" advertising, encourages product repairs to prevent planned obsolescence, curbs ticket resale abuses, and puts a stop to commercial practices that prevent accurate information when purchasing.

The draft bill, promoted by the Ministry of Social Rights, Consumption, and the 2030 Agenda, prohibits advertising for the most polluting products, such as short-haul flights, fossil fuels, and vehicles powered solely by fossil fuels, as well as practices such as planned obsolescence, reduflage, and greenwashing.

These are the key points of the legal text, which is now entering the hearing and public information phase to be reviewed by the Council of Ministers and then sent to the Congress of Deputies for processing:

Ban on 'polluting' advertising

The law prohibits advertising for energy products composed solely of fossil fuels (except gas) that do not contain renewable components, provided that the advertisements are issued by companies in the coal or oil sector.

Short-haul flights on peninsular routes will also be prohibited if there is a less polluting alternative that lasts no more than 2.5 hours, as well as cars powered solely by fossil fuels.

Furthermore, campaigns that use fear to induce purchases must include objective statistics. According to the Ministry, this type of advertising is used in some sectors related to security and insurance.

End planned obsolescence

Consumers will be able to extend the warranty by one more year if they repair rather than replace it. A co-financing system for repairs will be created, and manufacturers will be required to cover part of the cost for up to four years after the end of the legal warranty period: 20% for the first two years; 10% for the third year; and 5% for the fourth.

The plan is to create a free online platform for competent repairers where you can request quotes and repair requests. It will also require that spare parts be available for up to ten years after the vehicle is discontinued, and to include indicative information on repair prices on manufacturers' websites.

Concealing software updates that negatively affect product performance will be prohibited, and software updates that merely improve functionality cannot be marketed as necessary.

Against ecopostureo

Companies will be prohibited from using generic environmental claims that are not verifiable, such as "environmentally friendly," "environmentally friendly," "green," or "biodegradable."

Trademarks that mislead consumers about their environmental performance may also be prohibited, and a trademark may be revoked if its image or message misleads consumers about its environmental impact.

Resale, fear advertising and reduflage

The law will prohibit ticket price increases for all types of cultural or sporting events through resale. This practice will be prevented when a price increase higher than the CPI is applied from the time of the initial purchase.

This new limit adds to the existing ban on the use of bots (automated software designed to acquire products or services) to obtain tickets to cultural events en masse for later resale.

It's prohibited, but according to the Minister of Consumer Affairs, the application isn't working, which is why this legal amendment is being proposed to act in the same way as is being done with tourist apartments. "We will be able to sanction and block websites that engage in this," Bustinduy warned.

The commercial practice known as reduflation, the reduction in the amount of content sold without prior notice when it results in an increase in the price per unit, will also be regulated.

Companies will have to disclose if they reduce the contents of a package without lowering the price, and will have a maximum of 90 days from the date of first sale to clearly indicate the product's new features.