Question 30542 — consumption

Summary

Ms. Delphine Batho questions the Minister of the Economy and Finance on the application of article 12 of Law No. 2020-105 of February 10, 2020 relating to the fight against waste and the circular economy. This article modified article L. 121-4 of the Consumer Code to recognize as misleading commercial practices whose purpose "in an advertisement, to give the impression, through coordinated promotional operations on a national scale, that the consumer benefits from a price reduction comparable to that of sales, as defined in article L. 310-3 of the commercial code, outside their legal period mentioned in the same article L. 310-3. » Under this new system, commercial operations such as Black Friday are now considered deceptive commercial practices. Deceptive practices are recognized as unfair commercial practices which are prohibited under the provisions of Article L. 121-1 of the Consumer Code. Articles L. 132-1 to L. 132-9 of the Consumer Code set out the sanctions applicable to a deceptive commercial practice. The penalties incurred are two years' imprisonment and a fine of 300,000 euros. The amount of the fine may be increased, in proportion to the benefits derived of the breach, to 10% of the average annual turnover, calculated on the last three annual turnovers known on the date of the facts, or to 50% of the expenses incurred for carrying out the advertising or the practice constituting the offense. This provision was adopted by the legislator at the initiative of the Member to fight against the unfair practice which constitutes, for example, Black Friday, imported from the United States since 2013 and based on the advertising promotion of overconsumption, the environmental impact of which is disastrous. This operation clearly circumvents the legislation governing sales, by misleadingly suggesting to consumers that they are benefiting from considerable price reductions, which in most cases are artificial. Also, she asks him to kindly inform her of the arrangements made by the Government to ensure the effective application of article 12 of Law No. 2020-105 of February 10, 2020 relating to the fight against waste and the circular economy. She asks him in particular to specify the actions already undertaken to raise awareness among commercial operators, particularly online commerce operators, of compliance with this new legislation and the means that will be given to the DGCCRF to verify this. respect.

Machine translation from French. The official text remains authoritative.

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