Empac wins legal case against Superfos A/S
The Danish Maritime Court has found in favour of Empac (European Metal Packaging) against Superfos A/S, in a case involving the violation of European advertising guidelines.
During 2008, Superfos A/S – a Danish manufacturer of plastic packaging – made unsubstantiated claims in comparing plastic and metal packaging on its website and in brochures. These were particularly focused on the supposed “green” advantages of plastic versus metal, and included invalid claims relating to CO2 emissions.
As a result, Empac decided to take legal action, which resulted in the Danish court finding the Superfos claims to be inaccurate and unsupported. The Court’s decision on 30 December 2011, stated: “To prevent unfair competition strict requirements for accuracy of such environmental claims must apply. These have to be clear, true, specific and not misleading and have to be substantiated by an impartial expert.”
As a consequence, Superfos has been banned from making a series of claims and using images detrimental to metal packaging which were originally included in its website and brochures.
Jim Hansen, the secretary general for the Danish Aluminium Association who represented Empac during the court case, said: “We are delighted with the Danish court’s decision, which more than vindicates our stance. This is a great outcome for metal packaging and its customers and underlines our determination that the unique characteristics of our industry are properly recognised and communicated.”
Empac is an association which brings together European producers of rigid metal packaging and their supply chain partners.
