The Regulation of “Review Marketing” in the Omnibus Directive and Its Impact on the Fashion Industry

Directive 2019/2161 is adopted in the context of the EU’s “New Deal for Consumers” initiative. It amends four prior consumer protection Directives. This broad scope of application justifies its entitlement as the “Omnibus” Directive. This paper deals with the amendments introduced to Directive 2005/29 on unfair commercial practices. It analyzes the provisions added to the said Directive regarding the so-called “review” marketing, i.e., marketing based on ratings, reactions, and comments of consumers in relation to a business, its products, and services. The objective of this analysis is to identify the conditions under which review marketing of fashion businesses may be regarded as unfair in the EU member states and specify the claims established for the aggrieved consumers. The study will ultimately draw conclusions on the new ethics enforced in the EU concerning modern B2C marketing and comment upon their impact on the apparel industry.