Gorizia court grants Alcantara an interim injunction against Miko's "100% recyclable" and "eco-friendly" claims for Dinamica microfibre (2021); Miko says the order was later revoked
Short record: the main facts, with sources. A full case file has not been prepared.
- Gorizia court (Italy) found that a claim made in my name was misleading. The claim was: “"100% riciclabile" and "amica dell'ambiente"” Certifico (legal-news site quoting the order; the order itself is behind a subscription)
- The record does not name which of my species, waters, soils or forests were harmed.
The Gorizia court granted competitor Alcantara an interim injunction in November 2021 against Miko's green claims for its "Dinamica" microfibre and ordered the ruling published on Miko's website. Reports describe it as the first precautionary greenwashing order of an ordinary Italian court. Miko stated that a new panel of the court later accepted its complaint and revoked the order.
Gorizia court, R.G. 2021/712, 25 or 26 November 2021 according to the sources. The amount of the monetary penalty is not stated. Miko stated that the order was later revoked on its complaint.
Status As of the latest report found (greenMe update): interim order of November 2021; Miko states that a new panel of the Gorizia court later revoked it.
- Miko — Interim injunction, publication of the decision on its website and a monetary penalty, later revoked according to Miko greenMe (with a statement from Miko)
What happened
Alcantara S.p.A. filed an urgent petition against its competitor Miko S.r.l. at the Gorizia court on 15 July 2021, asking for an immediate injunction against environmental claims for Miko's "Dinamica" microfibre as unfair competition under article 2598 no. 3 of the Italian civil code. According to Clifford Chance, the claims included "100% recyclable", "environmentally friendly", "natural choice", "eco-friendly microfiber", "reduction of energy consumption and GHG emissions by 80%" and "the first sustainable and recyclable microfiber". Materia Rinnovabile lists the claims the court ordered Miko to stop as "La prima microfibra sostenibile e riciclabile", "100% riciclabile", "Riduzione del consumo di energia e delle emissioni di CO2 dell'80%", "Amica dell'ambiente", "Scelta naturale" and "Microfibra ecologica", and unverifiable and misleading information on the recycled content of the product.
In the order (R.G. 2021/712), dated 25 November 2021 in most reports and 26 November 2021 in Certifico's title, the court found the claims misleading, held that green environmental claims must be clear, true and accurate and not misleading, and ordered the claims removed with immediate effect from every channel. Clifford Chance reports that the court applied the European Commission's 2016 guidance on unfair commercial practices and ordered Miko to publish the decision on its website for 60 days. Materia Rinnovabile adds that the order also provided for sending the order to some of Miko's customers and for a monetary penalty. Certifico quotes the court's finding that Miko's removal of part of the claims was a palliative, because the claims could be reused.
Miko replied that the order was issued after a summary precautionary proceeding about expressions used in the past to describe Dinamica, not the value of the product, and rejected the accusation of "ambientalismo di facciata". greenMe's update, citing a Miko statement, says that some months later a new panel of the Gorizia court accepted Miko's complaint, revoked the first-instance order and found Alcantara's unfair-competition action unfounded, observing that no evidence was offered of a concrete risk of losing customers. The revoking decision itself was not among the sources reviewed.
- 202115 July: Alcantara files an urgent petition against Miko at the Gorizia court
- 202125 or 26 November: Gorizia court (R.G. 2021/712) grants the interim injunction against Miko's green claims, orders publication of the decision and a monetary penalty
- 2022Some months after the order: according to a Miko statement published by greenMe, a new panel of the Gorizia court accepts Miko's complaint and revokes the order
What was said
“inibisce, con effetto immediato, in via diretta e indiretta, la diffusione dei messaggi pubblicitari ingannevoli”
Where accounts differ
Each party's account, side by side, with its source. The record does not settle these points; it shows them.
Found the claims misleading and ordered them removed (as reported by Certifico and Clifford Chance).
Certifico (legal-news site quoting the order; the order itself is behind a subscription)Rejected the accusation; stated that a new panel of the court later revoked the order and found the action unfounded.
greenMe (with a statement from Miko)How it looked
Shown
- "Dinamica" microfibre described with claims including "100% recyclable", "environmentally friendly", "natural choice", "eco-friendly microfiber" and "reduction of energy consumption and GHG emissions by 80%" (English versions listed by Clifford Chance).
Recorded
- The Gorizia court granted Alcantara's urgent petition, found the claims misleading and held that green environmental claims must be clear, true and accurate; it ordered the claims removed with immediate effect (25 or 26 November 2021).
- Orders: interim injunction; publication of the decision on Miko's website (60 days, according to Clifford Chance); sending of the order to some customers and a monetary penalty (according to Materia Rinnovabile).
- Miko stated that a new panel of the Gorizia court later accepted its complaint and revoked the order.
In nature's name
Promised
- “"100% riciclabile" and "amica dell'ambiente"” — Miko, for "Dinamica" microfibre Materia Rinnovabile
What was measured
No independent measurement of the recyclability or environmental effect of the microfibre is on record in the sources reviewed. The order concerned the wording of the claims.
Findings on record
- Court or regulator ruling Gorizia court (Italy) (2021-11-25) · R.G. 2021/712, Alcantara v Miko, interim order; sources give 25 or 26 November 2021; Miko states it was later revoked: “inibisce, con effetto immediato, in via diretta e indiretta, la diffusione dei messaggi pubblicitari ingannevoli” Certifico (legal-news site quoting the order; the order itself is behind a subscription)
Who gained
Reached nature or the ground
Gained elsewhere
Responses on record
- miko (2021-12-13): Said the order followed a summary precautionary proceeding about expressions used in the past to describe Dinamica, not the value of the product, and rejected the accusation of "ambientalismo di facciata". · greenMe (with a statement from Miko)
- miko: Stated that a new panel of the Gorizia court accepted its complaint, revoked the first-instance order and found Alcantara's unfair-competition action unfounded for lack of evidence of a concrete risk of losing customers. · greenMe (with a statement from Miko)
In court and with insurers
Lawsuits and rulings
- 2021-07-15–2021-11-25Claimant wonAlcantara v Miko ("Dinamica" green claims): interim orderGorizia court, R.G. 2021/712 · Civil · Alcantara → Miko
Interim injunction against the green claims, publication of the decision on Miko's website and a monetary penalty of unstated amount. Sources give 25 or 26 November 2021. Certifico (legal-news site quoting the order; the order itself is behind a subscription)
- Overturned on appealMiko's complaint against the interim orderGorizia court (new panel) · Appeal · Alcantara → Miko
According to a statement by Miko published by greenMe, the panel accepted the complaint, revoked the first-instance order and found the unfair-competition action unfounded for lack of evidence of a concrete risk of losing customers. The decision itself was not found. greenMe (with a statement from Miko)
Insurers
What we don't know
Nature
- Not measured Harm to nature: The record holds no measurement of harm to nature.
Accounts
- Disputed Whether Miko's green claims for Dinamica were misleading unfair competition
Record
- None on record Not stated in the sources reviewed: the amount of the monetary penalty.
- Disputed Conflicting dates: sources give 25 or 26 November 2021 for the order.
- None on record Reported by Miko only: the later revocation of the order by a new panel of the Gorizia court; the revoking decision and its date are not among the sources reviewed.
- None on record None on record: an independent measurement of the recyclability or environmental effect of the microfibre.
Did the harm stop?
The court ordered an interim injunction against the claims; Miko states that the order was later revoked.
Who paid?
A monetary penalty was ordered; its amount is not stated in the sources reviewed.
Sources
Press and investigations
- Italy's first greenwashing case between corporatesClifford Chance (law-firm briefing; the order itself was not available) · 2022-01-13
- Greenwashing, ordinanza storica dal Tribunale di Gorizia. Ma la miglior cura è la prevenzioneMateria Rinnovabile · 2021-12-23
- Tribunale di Gorizia del 26 novembre 2021: Ordinanza GreenwashingCertifico (legal-news site quoting the order; the order itself is behind a subscription) · 2022-02-25
- Arriva la prima ordinanza storica di un tribunale italiano contro il greenwashinggreenMe (with a statement from Miko) · 2021-12-13