CONSUMER PROTECTION IN THE GREEN TRANSITION

These days, the Storting is considering a legislative proposal on amendments to the Marketing Control Act, the Right of Withdrawal Act and the Contracts Act (Prop. 38 LS), with the aim of implementing the EU directive on stronger consumer protection in the green transition. For the electronics industry, this means new requirements for marketing, product information and sales - both in shops and online.

The background is EU Directive 2024/825, which is intended to combat greenwashing and premature product failure, while also giving consumers better information about how long products can be expected to last and whether they can be repaired. For the electronics industry - which sells products where durability, updates, repair and spare parts are key issues - this is particularly important to keep an eye on.

Requirements for environmental claims

The rules on what may be said about a product’s environmental characteristics are becoming clearer and stricter. The proposition introduces new definitions of, among other things, environmental claim, generic environmental claim, sustainability label, certification scheme, durability, software update, consumable and functionality.

General claims such as «environmentally friendly», «green», «climate-friendly» and «CO₂-friendly» will in future be risky unless they are clearly specified or supported by documentable results that actually distinguish the product from the average. It will also be prohibited to make an environmental claim about the entire product or the entire business if the claim relates only to one specific aspect of the product or one specific activity of the business. If you want to highlight that a product is energy-efficient, you should say exactly that - precisely and in a documentable way.

Sustainability labels will also be subject to new rules. It will be prohibited to display a sustainability label that is not based on a certification scheme or established by public authorities. This may have implications for self-produced labels, icons and symbols used in marketing.

Information requirements at the point of sale

Perhaps the most relevant changes for the industry are the new pre-contractual information obligations. Consumers must be given clearer information about the statutory liability period during which the goods must conform to the contract, using a harmonised notice. In Norway, this is particularly relevant because the Consumer Purchases Act still provides for a two-year complaints period, which is extended to five years if the goods, or parts of them, are intended to last significantly longer.

If the manufacturer offers a commercial durability guarantee at no extra cost that applies to the entire product and lasts for more than two years, this must be made visible by means of a harmonised label. This label therefore does not apply to all guarantees, but to the specific type of manufacturer guarantee that concerns durability, the entire product and a period of more than two years.

For goods with digital elements, digital content and digital services, the consumer must also be given information about the minimum period during which the manufacturer or supplier provides software updates, provided that the information has been made available to the seller. Repairability will also form part of the information to be provided. Where the EU has established a repair score, this must be stated; at present, this applies to smartphones and tablets. If a repair score is not relevant, information must instead be provided about spare parts, estimated costs, ordering procedures, repair and maintenance instructions, and any repair restrictions, provided that the manufacturer has made the information available.

Harmonised notice and label

The proposition introduces two new standardised information elements: a harmonised notice on the statutory liability period and a harmonised label for commercial durability guarantees. The harmonised notice is intended to remind consumers of their right to make a complaint, while the harmonised label is intended to make it easy to identify goods covered by a relevant commercial durability guarantee.

In a physical shop, the harmonised notice may, for example, be displayed on a poster on the wall or at the checkout, while in online sales it may be shown as a general reminder on the website. The label, in turn, may be placed on the packaging, on the shelf, or next to the product image in online sales. The design of the notice and label is laid down by the European Commission in Implementing Regulation (EU) 2025/1960, which the ministry will incorporate into Norwegian law through regulations.

The blacklist is expanded

The “blacklist” of commercial practices that are always unlawful is being expanded by twelve new items. For the electronics industry, the rules on software updates, durability, repair and consumables are particularly relevant.

Among other things, it will be prohibited to withhold information that a software update will have a negative impact on the functioning of goods with digital elements. It will also be prohibited to present a software update as necessary when it only improves functionality. Furthermore, commercial communication concerning goods with features that limit durability, incorrect claims about durability, misleading claims about repairability, and practices that cause the consumer to replace or refill consumables earlier than technically necessary will be covered. It will also be prohibited to withhold information that functionality is impaired when using consumables, spare parts or accessories not supplied by the original manufacturer, or to falsely claim that such impairment will occur.

Online retail gets its own obligations

For online operators, there will in addition be requirements to provide information about environmentally friendly delivery options where these are offered. An electronic cancellation function is also being introduced – a «cancel button» – for distance contracts concluded via online interfaces. The function must make it possible for the consumer to cancel the contract just as easily as it was concluded, and it must be clearly labelled, easily accessible and available until the cancellation period expires.

At the same time, it is important to note that this particular rule may have its entry into force postponed. The Ministry writes that it may be relevant to postpone the entry into force of the proposal for a cancel button in the Right of Withdrawal Act, and that the same may apply to other parts of the regulatory framework.

What should the industry do now?

The Ministry aims for the main part of the regulatory framework to apply from 27 September 2026, but this presupposes that the directive is formally incorporated into the EEA Agreement and that the Storting gives its consent. A more precise date of entry into force will be considered after the Storting’s consideration, and the legislative proposal allows for the individual provisions to be brought into force at different times. It may also become relevant to postpone the entry into force of the regulations on the harmonised notice and label if the EEA adaptation work is not completed in time.

We recommend that members start preparations now. Review environmental and sustainability claims in marketing, packaging, in-store materials and online shops. Map out what documentation you have on durability, software updates, repair, spare parts and guarantees. Also open a dialogue with suppliers and manufacturers about what information they can make available.

The new regulations will require adaptation, but they also present an opportunity. The ministry assumes that clearer and harmonised rules may have a positive effect on competition and be an advantage for serious operators. Businesses that provide honest, verifiable and relevant product information will be in a stronger position in the competition for consumers’ trust.

The Storting will consider the legislative proposal in June 2026, and we will continue to follow the matter.