论漂绿广告的法律治理

随着绿色消费理念的形成和践行,部分经营者利用漂绿广告塑造自身绿色形象,以吸引消费者关注,不正当谋求竞争优势。漂绿广告侵害消费者合法权益,破坏市场竞争秩序,具有诉求伪善性、欺诈隐蔽性、受众普遍性的特征。漂绿广告泛滥存在内外诸多原因,我国应当采取针对性法律治理,健全广告主体的自律措施,加强绿色认证监管,强化公众参与机制,完善关于漂绿广告的立法。

On the Legal Governance of Greenwashing Advertising

With the formation and practice of the concept of green consumption, operators use the greenwashing advertising to create their own green image to attract consumers'' attention and to seek competitive advantage. The greenwashing advertising has the characteristics of pursuing hypocrisy, fraud and concealment, and the universality of the audience. It has complex and diverse forms of expression, infringes on the legitimate rights and interests of consumers and undermines the market competition order. There are many reasons for the propagation of greenwashing advertising. China should adopt targeted legal governance, improve the self-discipline measures of advertising entities, strengthen green certification supervision, strengthen the public participation mechanism, and improve the legislation on greenwashing advertising.