Sustainable consumption actions

Following alerts issued by consumer associations in Italy and Spain, the European Consumer Association (BEUC) called on the CPC Network to open an EU wide investigation on technical issues with AdBlue tanks in certain diesel vehicles manufactured by Stellantis.

AdBlue is a liquid designed for diesel vehicle engines to allow the functioning of SCR system (selective catalytic reduction system) and ultimately reduce harmful emissions of nitrogen oxide.  

Customers complained that the embedded software in certain diesel vehicles manufactured by Stellantis (such as Peugeot, Citroën, DS, or Opel) between January 2014 and August 2020, incorrectly indicated that the AdBlue tank was almost or completely empty. As a result, the engine stopped, preventing it from restarting and causing costly repairs for the owners.

Stellantis clarified that technical issues related to the urea tank have appeared in older vehicle generations, while newer vehicles are equipped with improved components.  

Compensation measures agreed by Stellantis  

In September 2023, the Italian Competition Authority (AGCM) investigated the issue and agreed with Stellantis upon a series of compensation measures for consumers in Italy.

Following a dialogue with the Commission and the CPC Network, Stellantis agreed to extend these measures to all Member States, offering some additional commitments, including to:

• Extend the special coverage for Stellantis brands of vehicles Peugeot, Citroën, DS, and Opel. This means Stellantis is covering the cost of parts, beyond warranty requirements, depending on the age and mileage of the vehicle, which will extend to 8 years following each relevant vehicle manufacturing date. As such, the coverage will last up to 2028 for vehicles manufactured in August 2020. For eligible vehicles up to 5 years in service and up to 150,000 kilometers, Stellantis compensates 100% of costs for parts. If the vehicle is between 5 and 8 years old, the Company covers between 30% to 90% of the costs for parts, depending on the respective mileage.
• Complement the special coverage with an amount of €30 for labour costs, which in some cases represent around 20% of the average labour cost.
• Cover 100% of parts and labor costs for consumers who face re occuring cases (For customers who went to an authorized repairer for a second urea tank replacement, within the limit of 50,000 km or 24 months from the previous replacement carried out at an authorized repairer and documented by invoice; used vehicles excluded. The measure is effective until August 2028).
• A retro-active measure to compensate with a lump sum consumers who received less favorable reimbursements since 1 January 2021 than the extended special coverage.
• Organise trainings of distribution network and customer care employees to ensure consumers are properly informed of the coverages available to them. =

Stellantis will also launch a platform dedicated to the retroactive measure for affected consumers, who already received contributions in the past, to calculate their additional compensation rights. The platform will be available in mid-January 2025.  

Following an external alert from the European Consumer Organisation (BEUC), national consumer authorities (CPC Authorities), under the coordination of the European Commission and the lead of the Belgian Directorate General for Economic Inspection, the Netherlands Authority for Consumers and Markets, the Norwegian Consumer Authority and the Spanish Directorate General of Consumer Affairs, contacted 20 airlines requiring them to address potentially misleading green claims. 

The CPC network’s main concern focused on claims made by airlines that the CO2 emissions caused by a flight could be offset by climate projects, or reduced through the use of sustainable fuels, to which the consumers could contribute by paying additional fees. Nevertheless, airlines are yet to clarify whether such claims can be substantiated on the basis of sound scientific evidence. 

Key elements of the action 

CPC authorities have identified different types of misleading practices, such as: 

• creating the false impression that CO2 emissions of a flight can be reduced or fully counterbalanced by paying an additional fee to finance climate projects with less certain environmental impact or the use of alternative aviation fuels; 
• using the term “sustainable aviation fuels” (SAF) without clearly justifying the environmental impact; 
• using the terms “green”, “sustainable” or “responsible” in an absolute way or use other implicit green claims, that can mislead consumers on the environmental impact of the highly polluting aviation industry; 
• claiming that the airline is moving towards net-zero greenhouse gas emissions (GHG) or any future environmental performance, without clear and verifiable commitments, targets and an independent monitoring system; 
• presenting consumers with a “calculator” for the CO2 emissions of a specific flight, without providing sufficient scientific proof on whether such calculation is reliable and information regarding the elements used for the calculation; 
• presenting consumers with a comparison of flights as regards their CO2 emissions, without providing sufficient and accurate information on the elements of the comparison. 

This action aims at aligning the commercial practices of all companies in the air travel sector with EU consumer legislation, by attaining the required level of substantiation and of communication of voluntary environmental claims. 

Following a dialogue with the European Commission and national consumer authorities, Zalando has committed to remove sustainability flags and icons displayed next to products offered on its platform. Such claims can mislead consumers about the environmental characteristics of the products.    

The Consumer Protection Cooperation Network (CPC), coordinated by the European Commission and led by four authorities from Germany, Denmark, Norway, and Sweden, started a coordinated action with Zalando in April 2022. At this point, the network’s main concern was Zalando’s use of a sustainability flag. During the course of the coordinated action and as a result thereof, Zalando removed the sustainability flag and committed not to use it in the future. However, concerns remained regarding misleading environmental icons, which Zalando introduced after the removal of the sustainability flag. The CPC Network was also concerned about the presentation and functioning of the filter and the substantiation required to support environmental claims.  

As a result of the dialogue with the CPC Network, Zalando committed to: 

• remove the initially used sustainability flag from all webpages. 
• remove all misleading environmental icons that were displayed next to products (such as a leaf or a tree).  
• no longer use the term “sustainability”, or other terms indicating an environmental and/or ethical benefit, without a qualification in direct proximity to such a claim. Instead Zalando will use the term “Product standard”, or a similar phrase, with clear information about the specific product attributes, including a percentage figure of how much this product is composed of in relation to given attribute (e.g., recycled materials). 
• remove the icons and the term ‘sustainability’ also from the filter and instead introduce the term “product standard” allowing consumers to filter and select products based on specific product attributes. 
• amend the “match-any-function” of the filter by making it possible to select products based on one criterion in relation to a given product attribute. 
• provide clear and specific information on the product’s environmental and/or ethical benefit at the product detail page, e.g., the product attribute(s) together with the specific percentage figure(s).  
• revise the “Sustainability Page” by introducing two new webpages: one with more information on the product standards and one with information about Zalando’s sustainability-related approaches and strategies.  
• ensure that Zalando’s environmental claims relate to aspects that are significant in terms of the product’s impact on the environment. 

Following an external alert from the European Consumer Organisation (BEUC), the Network of Consumer Protection Cooperation (CPC) Authorities, contacted Nintendo of Europe GmbH (“Nintendo”), in order to address reports about irresponsive analogue sticks of certain “Nintendo Switch” controllers. As a result, Nintendo will offer to EU consumers the right to repair the responsiveness syndrome of the analogue stick of such controllers, by its official repair centers, free of charge, even if the legal guarantee or the manufacturer’s and/or seller’s warrantee has expired. The action was under the lead of the Greek Ministry of Development and Investments and the German Environment Agency and was coordinated by the European Commission.
 
Consumers who used Nintendo Switch console have reported to CPC authorities and consumer associations that they have been dealing with a loss of control of the game. Their controllers deteriorated and started to register unwanted commands without having been touched by the user. As the problem rendered controllers useless, consumers who could not repair them easily, or free of charge, often disposed them and replaced them with new ones, resulting in unnecessary electronic waste. This technical problem known as the “Joy-Con drift” appeared to all types of Nintendo Switch consoles. It is indicative that BEUC’s member organisations had received nearly 25.000 consumer complaints about the Nintendo Switch console by January 2021.
 
As a result of the dialogue, Nintendo will offer and indicate clearly in the relevant section of their European support website that: any drifting or responsiveness issues of the Joy con controllers will be repaired without charge by Nintendo’s repair centers, irrespective of whether this has been caused by a defect or by a wear and tear, even if the additional 24-month manufacturer’s warranty offered by Nintendo has expired. Moreover, Nintendo agreed with the Consumer Authorities to offer the same right to consumers who are not the original purchasers of the controller.
 
Consumers who experience responsiveness issues with Joy-Con controllers can visit the Nintendo website’s Customer Support section, and the specific page “Joy-Con Control Sticks Are Not Responding or Respond Incorrectly” allows consumers to learn more or book a repair directly.