22 October 2008

In recent weeks, a number of newspaper and radio articles have appeared expressing concerns about the consumer perception of the Green Dot® symbol. The inference from some of the press reports were that consumers may be being misled by companies who display the Green Dot® on packaged items since they may assume that this means that the goods or packaging are either made from recycled content, are able to be recycled, or could be associated with another unidentified environmentally beneficial claim. The suggested conclusion from this inference is that goods carrying the dot may be being purchased by consumers in part because of the 'green credentials' that they inadvertently associate with the label.

Valpak explained the logic for the use of the Green Dot® in the UK, pointing to the facts that:

• the meaning of the Green Dot® (as a financial mechanism used in certain EU Member States) can easily to be found on many internet recycling and general information web pages
• its use on UK packaging is purely to save on the cost and unnecessary environmental impacts of having to make different types of packaging for goods sold in the UK compared to those sold in other Member States where its use may be compulsory
• the Green Dot® is only one of a number of symbols commonly applied to UK packaging which could equally be misinterpreted by consumers

Valpak Chief Executive Steve Gough said "We are caught in the middle of this as the organisation responsible for protecting the trade mark but we are also keenly aware that we must do everything within our powers to ensure that Valpak and its members comply with both the letter and the spirit of the law. We are therefore anxious to ensure that the correct interpretation of the symbol is widely known by both consumers and business users alike."

He continued, "We have therefore taken advice from local Trading Standards representatives, who enforce the law relating to claims made to potential consumers to ensure that all our members and license holders who print the green dot on their packaging are fully informed of their responsibilities."

Mark Ryder, Head of Warwickshire Trading Standards Service commented "We would urge businesses that currently use the green dot on their packaging to work with Valpak to ensure that any recycling message on packaging is clear, so that consumers are not misled."

In response, Valpak will shortly be issuing a code of practice to all companies registered with them as using the Green Dot®. In the meantime both parties would advise all companies who print the Green Dot on their packaging to:

• firstly, not use the Green Dot® if they believe that it may be misleading to consumers. This advice should be particularly born in mind if the symbol is used on non-recyclable material
• ensure that the relevant licence is held to print the Green Dot® on UK destined packaging by contacting Valpak. Trading standards police illegal use or infringement of company trade marks.
• finally, if a company is in any doubt over the legal aspects of specific product labelling it is recommended that they seek independent legal advice with reference to the requirements of "The Consumer Protection from Unfair Trading Regulations 2008" a copy of which can be found via the following link:
www.opsi.gov.uk