Evaluation of Greenwashing Acts as Unfair Competition Offenses

Abstract

In this study, greenwashing acts are evaluated in terms of Turkish law, especially within the framework of the provisions of the Turkish Commercial Code on unfair competition and the regulations on consumer protection. In this context, direct and indirect legal regulations regarding green washing acts are presented. In addition, green washing acts are analyzed within the framework of the 1982 Constitution’s regulation on the right to environment and the Environmental Law No. 2872. The study also discusses the sanctions imposed by the Advertising Board on acts of green washing through advertisements. In addition, the extent to which the judicial decisions, particularly the decisions of the Court of Cassation, emphasize the acts of greenwashing is discussed. In particular, the scope in which these acts can be handled in terms of the offense of unfair competition and finally, whether the existing regulations are sufficient to prevent greenwashing acts are discussed and the need for national legal regulations within the scope of solution proposals is put forward by referring to the European Union directives on the subject.