On Corporate Greenwash Marketing And Its Legal Regulation

In our country, in the process of sustainable development for regional, industry, enterprise carries out greenwash behavior for the pursuit of profit maximization, in the background of our current policy and legal system, greenwash marketing causes many kinds of problems, such as cheating consumer, preventing the government supervision and other problems. In conclusion, corporate greenwash marketing undermines the market economic order in an orderly way, causing great harm to the real green products market. In order to promote the healthy development of the socialist economy, it has been very urgent and necessary to formulate relevant laws and regulations. Therefore, study on legal regulation of corporate greenwash marketing, not only has the extremely important social significance, but also has the important theory significance.Besides the preface, it mainly includes the following four parts:The first part mainly explains the basic theory of corporate greenwash marketing. First of all, the meaning and characteristics of interpretation of the corporate greenwash marketing behavior. Greenwash marketing is the enterprise, government or other organizations to disclose its commitment in the ecological environmental protection, consumer health protection, social welfare and other aspects of the containing misleading and false information of social responsibility of marketing. Corporate greenwash behavior has the following main features:vague and hidden information, concept confusion, misleading purchase, lack of proof, false advertising, false label.Secondly, expounds the origin of corporate greenwash marketing, greenwash marketing originated in green marketing, the main reason is the green marketing for enterprises to bring substantial profits makes for the enterprises which still use the traditional marketing mode envy, so these companies brush with green in their own body and green marketing of skin, but often were not in fact. America and the European Union in the early years of the twentieth Century began to recognize the dangers of corporate greenwash marketing and formulated relevant laws and regulations on ruling enterprise greenwash marketing. Finally, discusses the necessity and feasibility of regulation of corporate greenwash marketing behavior. The necessity of regulation of corporate greenwash marketing behavior is mainly reflected in:green marketing can improve the ability of market competition, green marketing can promote each kind of corporate social responsibility, green marketing can enhance public awareness of green consumption, green marketing can purify the social cultural environment, on the contary, corporate greenwash behavior will lead to the loss of reputation of their social responsibility and disturb the normal order of the market economy, lead to the adverse selection of the market, greenwash marketing has seriously hindered the development of green marketing. Regulation of corporate greenwash marketing behavior has the following feasibility of legal regulation: the continuous improvement of laws and regulations of corporate greenwash marketing, the public self-protection awareness, social supervision of power is growing,these all provide theoretical and practical conditions for the regulation of corporate greenwash marketing.The second part, based on the legislation and practice of foreign regulation of corporate greenwash marketing based on, discusses the enlightenment significance to our country of foreign regulation of corporate greenwash marketing behavior. America regulation on greenwash marketing is mainly carried out through management and regulations of the Federal Trade Commission and the Federal Supreme Court, in America the identification standard of greenwash marketing are very strict and on the existence of greenwash acts enterprises punishment is very heavy, these measures to effectively curb the greenwash marketing. The European Union has no separate legislation to regulate greenwash marketing, but the European Union established "misleading advertising directive" and "unfair commercial practices directive", the latter plays a very important role in effective regulation of greenwash marketing,"Unfair commercial practices directive" has the advantages of strict and meticulous, wide range and providing advance relief. By analyzing these literatures and reference, China can through the following aspects to curb corporate greenwash marketing:setting legal regulation of corporate greenwash marketing behavior, pre assessment review of corporate greenwash marketing advertising, increasing corporate greenwash marketing regulatory body, lifting supervision technology.The third part discusses the status and deficiencies in China’s legislation regulation of corporate greenwash marketing behavior. Firstly, discussing the legislation regulation of corporate greenwash marketing behavior, our country regulation of corporate greenwash marketing mainly includes the following aspects:commodity labeling regulations propaganda regulations; relief aspects of laws and regulations to protect the rights and interests of consumers; market management regulations; quality and safety of commercial laws. Secondly, expound the legislative defects in our country’s regulation of corporate greenwash marketing behavior. Standards of China’s current laws and regulations on corporate greenwash marketing are very fuzzy, lacking of compulsory measures and the harsh penalties, the rights and interests of consumers lack of effective protection and remedies.The fourth part discusses how to perfect the regulation of corporate greenwash marketing behavior legislation and ideal measure in our country. In order to find the effective method for the regulation of corporate greenwash marketing.Making green marketing regulations should refer to the legislative mode in western countries and combine with the actual situation in our country,the relevant laws that the government shuould formulate and promulgate including:the law related to the sustainable development such as "environmental protection law""water pollution prevention law,""wild animal protection law" etc.Developing "guidelines for the use of environmental marketing idea" which has Chinese characteristic by drawing on the experience of America and EU.Secondly, making green security system.China needs to establish green security system in economic terms which can rule corporate greenwash marketing, it includes three aspects: first of all, establishing green environment system, including green resource system, green market system and green property rights system; secondly is the green standard system, including green production system and green consumption system; thirdly is the green incentive system, including the green financial system and the green tax system. Except formulating the relevant laws and regulations to greenwash marketing, we also need government intervention and public participation. Our country must strengthen the research and technology development, improving the enterprise greenwash marketing regulation and control technology, the green product market also should strengthen supervision and management.