Unfair Commercial Practices Directive, Chapter 2, Section 1, Article 6, 1., (b)

A statement by a trader that its services offered are more environment-friendly than those of its competitors, where that trader cannot proof this allegation, constitutes a misleading advertising.

The defendant, a taxi company, had a label on its taxis saying that the taxi company used more environment-friendly taxis than any other Danish taxi company.

However, the defendant did not provide any proof of this allegation.  

Does a statement by a trader that its services offered are more environment-friendly than those of its competitors, where that trader cannot proof this allegation, constitute a misleading advertising?

The Danish Consumer Ombudsman stated that the defendant could not prove the accuracy of its statement and thus the company was required to remove the label.

URL: http://www.forbrugerombudsmanden.dk/Nyheder-fra-FO/Pressemeddelelser/Taxiselskabs-markedsfoering-med-klimavenlig-koersel-var-vildledende?tc=D74929A5CD4D4F43909476CBFC7C9FE1

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The taxi company was required to remove the label.