Zalando
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.
Nintendo
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.