INTERNATIONAL JOURNAL OF TOURISM, TRAVEL AND HOSPITALITY LAW On the other hand, the Proposal for a Directive of the European Parliament and of the Council 2023/0085 (COD) on the substantiation and communication of explicit environmental claims (Environmental Claims Directive) has been published8. This legislation aims to ensure that consumers can make informed choices about the potential environmental impact of products or services and play an active role in the ecological transition. For this purpose, clear and transparent labelling will be promoted, while the use of misleading environmental claims will be prohibited. At the Spanish level, the Unfair Competition Act, the General Act for the Defence of Consumers and Users, and the General Advertising Act provide a comprehensive legal framework to address greenwashing and other misleading practices. These laws, which have incorporated the content of the European Directives through several amendments, essentially forbid any action that could harm or mislead the consumer9. In addition, on 15th March 2024, the Spanish Ministry of Social Rights, Consumption and Agenda 2030 announced a new Sustainable Consumption Act, which will face greenwashing and misleading communication practices. At the same time, a "Sustainable Communication Guide" developed by the Ministry was presented to help companies include environmental information in their strategies and campaigns, which certainly gives us an idea of the legislator’s focus10. Finally, independent bodies like the Spanish advertising self-regulatory organization Autocontrol have developed manuals to fight and address measures against misleading commercial practices11. 3. HEADS UP: TO BE GREEN OR JUST LOOK GREEN Turning our attention to the airline industry, it is crucial to note that, as previously mentioned, several airlines have faced criticism for what is perceived as greenwashing. 8 For better reference, please be referred to the Proposal for a European Directive. 9 Royal Legislative Decree 1/2007 of 16th November, approving the revised text of the General Act for the Defence of Consumers and Users; Act 3/1991 of 10th January, on Unfair Competition; and Act 34/1988 of 11th November, General Advertising. 10 For further reference, please be referred to the information published by the Ministry of Social Rights, Consumption and Agenda 2030 and to the aforementioned Sustainable Communication Guide. 11 There are currently twenty Autocontrol Codes of Advertising Conduct published, classified by subject matter, and whose application is recommended to all companies.
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