Federal Environment Agency: Temu should leave dark pattern
The Federal Environment Agency is calling on the Chinese online marketplace Temu to stop misleading business practices.
(Image: Markus Mainka/Shutterstock.com)
Together with other European consumer protection authorities, the German Environment Agency (Umweltbundesamt) has sent a letter to the Chinese online marketplace Temu demanding that it comply with European consumer law. The marketplace, which officially has 75 million users in the EU, has seen strong growth in recent months –, but the authorities believe that it uses unlawful methods. The authorities accuse Temu operator Whaleco Technology Limited of not complying with the applicable European regulations regarding the right of withdrawal and of making returns unnecessarily complicated.
In addition, Temu would use manipulative techniques, so-called dark patterns, to inadmissibly entice consumers to make purchases. These could be psychological tricks such as countdowns for offers that are supposedly about to expire or untrue claims about stocks that are supposedly about to run out ("Only 4 left"). Further accusations are directed at fake reviews of products, incomplete or false consumer information and the use of a "wheel of fortune" without stating the specific conditions. The authorities are also demanding information from the operator on the extent to which it is fulfilling its obligations when it comes to the information provided by retailers and compliance with environmental regulations.
Temu under observation in several ways
In July, the Consumer Protection Cooperation (CPC) began taking a closer look at Temu. This was preceded by a warning from the responsible Irish authority CCPC. Together with the Federal Environment Agency as the responsible German authority and the Belgian supervisory authority, the CCPC is coordinating the overall proceedings against Temu. Federal Environment and Consumer Protection Minister Steffi Lemke (Greens) today welcomed the coordinated European approach: "Consumers must not be manipulated or misled." Citizens must be able to rely on the fact that providers in the EU also comply with the law applicable here.
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The proceedings against Temu as a consumer rights case run parallel to the company's obligations under the Digital Services Act (DSA). Temu is also under closer scrutiny by the supervisory authority there - due to the size of the provider, this is the EU Commission in the case of the DSA.
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