Pub Date : 2024-04-18DOI: 10.1007/s10603-024-09565-y
E. Beacom, C. McLaughlin, S. Furey
Food and nutrition are important issues of interest to policy makers, practitioners, and academics around the world due to the far-reaching consequences for society, households and individuals, and guidelines related to food consumption have been included in several policies both nationally and internationally. This study identifies household ‘typologies’ with regard to household food consumption of ‘marker’ food groups, and examines related associations with household demographics, analysing quantitative data on households (n = 4144) from the most recently available Northern Ireland Health Survey (2014/2015). Latent Class Analysis identified five household typologies; ‘Hedonistic Households (19%), Healthier Households (13%), General Households (42%), Unhealthier Households (3%), Balanced Households (23%)’, which individually vary in their adherence to recommended guidelines, and in their demographic composition. The study provides insight into how households’ dietary consumption patterns accord with government recommendations, and findings have implications for policy, for example through informing decision-making related to promoting behavioural change, and informing future collection of data related to ‘marker’ food groups.
{"title":"Household Food Consumption Typologies: Examining Population Adherence to Healthy Eating Guidelines for Evidence-Informed Policy Making","authors":"E. Beacom, C. McLaughlin, S. Furey","doi":"10.1007/s10603-024-09565-y","DOIUrl":"https://doi.org/10.1007/s10603-024-09565-y","url":null,"abstract":"<p>Food and nutrition are important issues of interest to policy makers, practitioners, and academics around the world due to the far-reaching consequences for society, households and individuals, and guidelines related to food consumption have been included in several policies both nationally and internationally. This study identifies household ‘typologies’ with regard to household food consumption of ‘marker’ food groups, and examines related associations with household demographics, analysing quantitative data on households (<i>n</i> = 4144) from the most recently available Northern Ireland Health Survey (2014/2015). Latent Class Analysis identified five household typologies; ‘Hedonistic Households (19%), Healthier Households (13%), General Households (42%), Unhealthier Households (3%), Balanced Households (23%)’, which individually vary in their adherence to recommended guidelines, and in their demographic composition. The study provides insight into how households’ dietary consumption patterns accord with government recommendations, and findings have implications for policy, for example through informing decision-making related to promoting behavioural change, and informing future collection of data related to ‘marker’ food groups.</p>","PeriodicalId":47436,"journal":{"name":"JOURNAL OF CONSUMER POLICY","volume":"1 1","pages":""},"PeriodicalIF":2.3,"publicationDate":"2024-04-18","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"140613340","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":0,"RegionCategory":"","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}
Pub Date : 2024-04-17DOI: 10.1007/s10603-024-09564-z
O. O. Cherednychenko
On 18 October 2023, the EU adopted the long-awaited New Consumer Credit Directive. This directive will replace the 2008 Consumer Credit Directive which has been criticized for two main reasons. First, the information paradigm of consumer protection reflected in the directive has been widely regarded as incapable of protecting consumers against irresponsible lending. Second, the directive has been viewed unfit for ensuring consumer protection in an increasingly digital marketplace. To remedy the shortcomings of the old directive, the revised directive widens the scope of its application, tailors the existing rules to the consumer needs in the online lending environment, and introduces new, more protective rules. But does this suffice to ensure responsible lending in the digital consumer credit markets? To answer this question, this article critically assesses the key changes introduced by the New Consumer Credit Directive, against the backdrop of the large-scale irresponsible lending practices that have troubled the consumer credit markets across Europe over the last decade or more. It concludes that the revised directive represents a major step forward in combating such practices and protecting European consumers against overindebtedness in the digital marketplace. At the same time, however, the effectiveness of the new directive will depend considerably on its implementation and enforcement in the EU Member States.
{"title":"On the Bumpy Road to Responsible Lending in the Digital Marketplace: The New EU Consumer Credit Directive","authors":"O. O. Cherednychenko","doi":"10.1007/s10603-024-09564-z","DOIUrl":"https://doi.org/10.1007/s10603-024-09564-z","url":null,"abstract":"<p>On 18 October 2023, the EU adopted the long-awaited New Consumer Credit Directive. This directive will replace the 2008 Consumer Credit Directive which has been criticized for two main reasons. First, the information paradigm of consumer protection reflected in the directive has been widely regarded as incapable of protecting consumers against irresponsible lending. Second, the directive has been viewed unfit for ensuring consumer protection in an increasingly digital marketplace. To remedy the shortcomings of the old directive, the revised directive widens the scope of its application, tailors the existing rules to the consumer needs in the online lending environment, and introduces new, more protective rules. But does this suffice to ensure responsible lending in the digital consumer credit markets? To answer this question, this article critically assesses the key changes introduced by the New Consumer Credit Directive, against the backdrop of the large-scale irresponsible lending practices that have troubled the consumer credit markets across Europe over the last decade or more. It concludes that the revised directive represents a major step forward in combating such practices and protecting European consumers against overindebtedness in the digital marketplace. At the same time, however, the effectiveness of the new directive will depend considerably on its implementation and enforcement in the EU Member States.</p>","PeriodicalId":47436,"journal":{"name":"JOURNAL OF CONSUMER POLICY","volume":"99 1","pages":""},"PeriodicalIF":2.3,"publicationDate":"2024-04-17","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"140617708","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":0,"RegionCategory":"","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}
Pub Date : 2024-04-10DOI: 10.1007/s10603-024-09563-0
N. Gokani
This article evaluates the European Union’s efforts to regulate consumer food information with the aim of improving consumer nutrition as part of its broader consumer protection agenda. With nearly a million deaths attributed to unhealthy diets annually, the EU’s New Consumer Agenda, its Farm to Fork Strategy, and Europe’s Beating Cancer Plan all highlight the objective of empowering consumers to make informed, healthy food choices. This underscores the EU’s longstanding emphasis on regulating information to protect consumers, an approach which is even stronger with nutrition more specifically. This article shows that the EU food information law is based on two beliefs. First, consumers are given food information that is sufficient, accurate, non-misleading, clear and easy to understand and they are, therefore, well-informed. Second, well-informed consumers are empowered. This article argues that both of these beliefs are misguided. The current food information rules do not truly inform consumers well and do not, on their own, empower consumers to make healthy dietary decisions. Consequently, this article expresses scepticism about the ability of the current rules to promote improved nutrition. In light of the critiques of the current rules, this article offers suggestions for an improved food information paradigm. In addition to rules that would more effectively inform consumers, such a paradigm would acknowledge the limitations of information to empower healthier food choices and, therefore, give greater weight to more substantive interventions. This would align food law with broader trends in consumer protection law and thereby genuinely promote healthier nutrition.
{"title":"Healthier Food Choices: From Consumer Information to Consumer Empowerment in EU Law","authors":"N. Gokani","doi":"10.1007/s10603-024-09563-0","DOIUrl":"https://doi.org/10.1007/s10603-024-09563-0","url":null,"abstract":"<p>This article evaluates the European Union’s efforts to regulate consumer food information with the aim of improving consumer nutrition as part of its broader consumer protection agenda. With nearly a million deaths attributed to unhealthy diets annually, the EU’s New Consumer Agenda, its Farm to Fork Strategy, and Europe’s Beating Cancer Plan all highlight the objective of empowering consumers to make informed, healthy food choices. This underscores the EU’s longstanding emphasis on regulating information to protect consumers, an approach which is even stronger with nutrition more specifically. This article shows that the EU food information law is based on two beliefs. First, consumers are given food information that is sufficient, accurate, non-misleading, clear and easy to understand and they are, therefore, <i>well-informed</i>. Second, well-informed consumers are <i>empowered</i>. This article argues that both of these beliefs are misguided. The current food information rules do not truly inform consumers well and do not, on their own, empower consumers to make healthy dietary decisions. Consequently, this article expresses scepticism about the ability of the current rules to promote improved nutrition. In light of the critiques of the current rules, this article offers suggestions for an improved food information paradigm. In addition to rules that would more effectively inform consumers, such a paradigm would acknowledge the limitations of information to empower healthier food choices and, therefore, give greater weight to more substantive interventions. This would align food law with broader trends in consumer protection law and thereby genuinely promote healthier nutrition.</p>","PeriodicalId":47436,"journal":{"name":"JOURNAL OF CONSUMER POLICY","volume":"44 1","pages":""},"PeriodicalIF":2.3,"publicationDate":"2024-04-10","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"140585544","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":0,"RegionCategory":"","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}
Pub Date : 2024-04-06DOI: 10.1007/s10603-024-09562-1
D. Nishijima, M. Oguchi
Product lifetime extension is a major strategy in a circular economy. Circular economy policies encourage the improvement of product designs for longer use. In addition, such improvements increase the product lifetime expected by the consumers, which is called the expected product lifetime. Since physical restrictions on product lifetime extension will be mitigated along with circular economy policies, the practical potential of product lifetime extension through circular economy policies depends on how much can the increase contribute to the product lifetime extension. However, apart from air conditioners, limited analyses have been conducted on the extended effects of the expected product lifetime. This study estimates the effects of the expected product lifetimes of refrigerators and compares them with those of air conditioners. The results show that although the increased expected product lifetime of refrigerators could extend their actual product lifetime, the degree of extension was smaller than air conditioners. These findings indicate that although product design improvements are moderately effective in extending the product lifetime of refrigerators, other measures/policies are required to obtain a degree of product lifetime extension comparable to air conditioners.
{"title":"Comparing Product Lifetime Extensions by Enhancing Consumers’ Expected Product Lifetime Among Different Durable Products","authors":"D. Nishijima, M. Oguchi","doi":"10.1007/s10603-024-09562-1","DOIUrl":"https://doi.org/10.1007/s10603-024-09562-1","url":null,"abstract":"<p>Product lifetime extension is a major strategy in a circular economy. Circular economy policies encourage the improvement of product designs for longer use. In addition, such improvements increase the product lifetime expected by the consumers, which is called the expected product lifetime. Since physical restrictions on product lifetime extension will be mitigated along with circular economy policies, the practical potential of product lifetime extension through circular economy policies depends on how much can the increase contribute to the product lifetime extension. However, apart from air conditioners, limited analyses have been conducted on the extended effects of the expected product lifetime. This study estimates the effects of the expected product lifetimes of refrigerators and compares them with those of air conditioners. The results show that although the increased expected product lifetime of refrigerators could extend their actual product lifetime, the degree of extension was smaller than air conditioners. These findings indicate that although product design improvements are moderately effective in extending the product lifetime of refrigerators, other measures/policies are required to obtain a degree of product lifetime extension comparable to air conditioners.</p>","PeriodicalId":47436,"journal":{"name":"JOURNAL OF CONSUMER POLICY","volume":"48 1","pages":""},"PeriodicalIF":2.3,"publicationDate":"2024-04-06","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"140585691","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":0,"RegionCategory":"","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}
Pub Date : 2024-03-26DOI: 10.1007/s10603-024-09561-2
M. Hardmeier, A. Berthold, M. Siegrist
As the share of renewable energy sources, which are weather dependent and consequently volatile, continues to grow, it becomes increasingly important to explore strategies for organising both electricity production and consumption to ensure system stability. People’s flexibility in their energy consumption is one option to regulate the system. To better understand people’s willingness to align their electricity-consuming activities with a flexible pricing system, an online survey with 962 respondents was conducted. The analysis focused on the factors influencing their willingness to shift electricity-consuming activities away from peak hours, as well as the maximum shift duration of using certain devices. The results indicate that people with more flexible lifestyles and those who perceive shifting activities as taking less effort are more willing to shift their activities and indicate longer shift durations. The data also show that attitudes towards the environment, as well as financial, ecological, and motivational factors, play a role in explaining the variance in the willingness to shift and the shift duration. To conclude, increasing flexibility in everyday life could make a valuable contribution to the optimal use of electricity resources.
{"title":"Factors Influencing People’s Willingness to Shift Their Electricity Consumption","authors":"M. Hardmeier, A. Berthold, M. Siegrist","doi":"10.1007/s10603-024-09561-2","DOIUrl":"https://doi.org/10.1007/s10603-024-09561-2","url":null,"abstract":"<p>As the share of renewable energy sources, which are weather dependent and consequently volatile, continues to grow, it becomes increasingly important to explore strategies for organising both electricity production and consumption to ensure system stability. People’s flexibility in their energy consumption is one option to regulate the system. To better understand people’s willingness to align their electricity-consuming activities with a flexible pricing system, an online survey with 962 respondents was conducted. The analysis focused on the factors influencing their willingness to shift electricity-consuming activities away from peak hours, as well as the maximum shift duration of using certain devices. The results indicate that people with more flexible lifestyles and those who perceive shifting activities as taking less effort are more willing to shift their activities and indicate longer shift durations. The data also show that attitudes towards the environment, as well as financial, ecological, and motivational factors, play a role in explaining the variance in the willingness to shift and the shift duration. To conclude, increasing flexibility in everyday life could make a valuable contribution to the optimal use of electricity resources.</p>","PeriodicalId":47436,"journal":{"name":"JOURNAL OF CONSUMER POLICY","volume":"36 1","pages":""},"PeriodicalIF":2.3,"publicationDate":"2024-03-26","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"140298687","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":0,"RegionCategory":"","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}
Pub Date : 2024-02-03DOI: 10.1007/s10603-023-09556-5
Abstract
It has been shown that consumers often underinvest in energy efficiency despite net benefits over the longer term. One possible explanation is that they do not properly understand energy information when provided in physical units, as in most energy labels. Prior studies have investigated the effect of reframing energy information into monetary units. Outcomes are mixed, and it is unclear whether this is due to the use of different products, methodologies or to studies being conducted in countries with different energy prices and labelling standards. This paper overcomes this ambiguity by testing the effect of providing monetary energy information using the same experiment in a multi-country setting. Results show that the intervention’s effectiveness varies considerably across countries. Moreover, they highlight the presence of within-country heterogeneities based on demographic characteristics, with monetary information being more effective for high-usage households but seemingly crowding out the motivation of those whose purchasing decisions depend on environmental considerations.
{"title":"Putting a New ‘Spin’ on Energy Information: Measuring the Impact of Reframing Energy Efficiency Information on Tumble Dryer Choices in a Multi-country Experiment","authors":"","doi":"10.1007/s10603-023-09556-5","DOIUrl":"https://doi.org/10.1007/s10603-023-09556-5","url":null,"abstract":"<h3>Abstract</h3> <p>It has been shown that consumers often underinvest in energy efficiency despite net benefits over the longer term. One possible explanation is that they do not properly understand energy information when provided in physical units, as in most energy labels. Prior studies have investigated the effect of reframing energy information into monetary units. Outcomes are mixed, and it is unclear whether this is due to the use of different products, methodologies or to studies being conducted in countries with different energy prices and labelling standards. This paper overcomes this ambiguity by testing the effect of providing monetary energy information using the same experiment in a multi-country setting. Results show that the intervention’s effectiveness varies considerably across countries. Moreover, they highlight the presence of within-country heterogeneities based on demographic characteristics, with monetary information being more effective for high-usage households but seemingly crowding out the motivation of those whose purchasing decisions depend on environmental considerations.</p>","PeriodicalId":47436,"journal":{"name":"JOURNAL OF CONSUMER POLICY","volume":"9 1","pages":""},"PeriodicalIF":2.3,"publicationDate":"2024-02-03","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"139678770","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":0,"RegionCategory":"","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}
Pub Date : 2024-01-26DOI: 10.1007/s10603-023-09559-2
Abstract
The Regulation (EU) 2016/679 on the protection of natural persons regarding the processing of personal data (GDPR) is one of the key fundamental pieces of European legislation to protect human rights and freedoms. However, the development of AI systems that are capable of collecting and processing large amounts of data and predicting user habits and emotional states has affected traditional legal categories and tested their resilience. This paper assesses the limits of the current formulation of the GDPR which does not take expressly into account the category of inferred data as a special category of data. Furthermore, it questions whether the toolbox put in place by the GDPR is still effective in protecting data subjects from practices such as neuromarketing and eye-tracking systems. It shows that it is certainly the essential starting point, but that, on the other hand, cannot be spared criticism. For this, in the recent years, the European legislator has adopted further legislations including, in particular, the Digital Services Act (DSA) and the Artificial Intelligence Act (AIA). Although representing a step forward in protection against such technologies, they each have critical aspects that need to be considered.
{"title":"Neuromarketing and Eye-Tracking Technologies Under the European Framework: Towards the GDPR and Beyond","authors":"","doi":"10.1007/s10603-023-09559-2","DOIUrl":"https://doi.org/10.1007/s10603-023-09559-2","url":null,"abstract":"<h3>Abstract</h3> <p>The Regulation (EU) 2016/679 on the protection of natural persons regarding the processing of personal data (GDPR) is one of the key fundamental pieces of European legislation to protect human rights and freedoms. However, the development of AI systems that are capable of collecting and processing large amounts of data and predicting user habits and emotional states has affected traditional legal categories and tested their resilience. This paper assesses the limits of the current formulation of the GDPR which does not take expressly into account the category of inferred data as a special category of data. Furthermore, it questions whether the toolbox put in place by the GDPR is still effective in protecting data subjects from practices such as neuromarketing and eye-tracking systems. It shows that it is certainly the essential starting point, but that, on the other hand, cannot be spared criticism. For this, in the recent years, the European legislator has adopted further legislations including, in particular, the Digital Services Act (DSA) and the Artificial Intelligence Act (AIA). Although representing a step forward in protection against such technologies, they each have critical aspects that need to be considered.</p>","PeriodicalId":47436,"journal":{"name":"JOURNAL OF CONSUMER POLICY","volume":"4 1","pages":""},"PeriodicalIF":2.3,"publicationDate":"2024-01-26","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"139588853","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":0,"RegionCategory":"","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}
Pub Date : 2023-12-26DOI: 10.1007/s10603-023-09557-4
E. André, P. Eustachio Colombo, L. Schäfer Elinder, J. Larsson, M. Hunsberger
This controlled intervention study focused on optimizing a school lunch menu to achieve a 20% reduction in greenhouse gas emissions. The objective was to evaluate the impact of introducing a low-carbon menu on pupils’ acceptance of school meals, as well as to assess whether providing information about the menu change independently influenced pupils’ acceptance. The study was conducted across six compulsory schools in a Swedish municipality, divided into three groups: schools implementing a menu change only (Menu), schools implementing a menu change with clear information provided to pupils (Menu + Info), and control schools serving the standard menu (Control). During a seven-week baseline period, all schools served the standard menu. Subsequently, for seven weeks, Menu and Menu + Info schools transitioned to a low-carbon menu achieved through the utilization of low-carbon recipes—reducing the proportion of food items with significant climate footprints while maintaining the recommended nutritional standards. In Menu + Info schools, pupils were presented with an informative video about the menu change during class. The acceptance of the low-carbon menu was evaluated through daily measurements of food consumption, plate waste, and meal satisfaction surveys. The study’s findings revealed that neither the menu change nor the information significantly affected the pupils’ acceptance of the new menu. These results align with prior studies, reinforcing the viability of employing low-carbon recipes to reduce the climate footprint of school meals. Moreover, this study demonstrates that providing supplemental information for transparency or educational purposes can be implemented without adversely affecting menu acceptance.
{"title":"Acceptance of Low-Carbon School Meals with and without Information—A Controlled Intervention Study","authors":"E. André, P. Eustachio Colombo, L. Schäfer Elinder, J. Larsson, M. Hunsberger","doi":"10.1007/s10603-023-09557-4","DOIUrl":"https://doi.org/10.1007/s10603-023-09557-4","url":null,"abstract":"<p>This controlled intervention study focused on optimizing a school lunch menu to achieve a 20% reduction in greenhouse gas emissions. The objective was to evaluate the impact of introducing a low-carbon menu on pupils’ acceptance of school meals, as well as to assess whether providing information about the menu change independently influenced pupils’ acceptance. The study was conducted across six compulsory schools in a Swedish municipality, divided into three groups: schools implementing a menu change only (Menu), schools implementing a menu change with clear information provided to pupils (Menu + Info), and control schools serving the standard menu (Control). During a seven-week baseline period, all schools served the standard menu. Subsequently, for seven weeks, Menu and Menu + Info schools transitioned to a low-carbon menu achieved through the utilization of low-carbon recipes—reducing the proportion of food items with significant climate footprints while maintaining the recommended nutritional standards. In Menu + Info schools, pupils were presented with an informative video about the menu change during class. The acceptance of the low-carbon menu was evaluated through daily measurements of food consumption, plate waste, and meal satisfaction surveys. The study’s findings revealed that neither the menu change nor the information significantly affected the pupils’ acceptance of the new menu. These results align with prior studies, reinforcing the viability of employing low-carbon recipes to reduce the climate footprint of school meals. Moreover, this study demonstrates that providing supplemental information for transparency or educational purposes can be implemented without adversely affecting menu acceptance.</p>","PeriodicalId":47436,"journal":{"name":"JOURNAL OF CONSUMER POLICY","volume":"45 1","pages":""},"PeriodicalIF":2.3,"publicationDate":"2023-12-26","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"139054815","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":0,"RegionCategory":"","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}
Pub Date : 2023-12-15DOI: 10.1007/s10603-023-09554-7
M. Brenncke
Commercial practices that exploit consumer behavioural biases (behavioural exploitation) are an increasingly prevalent issue in online choice architectures. EU policymakers have started to expressly regulate such practices. What remains unclear about this type of regulation is when an online choice architecture exploits biased consumers. What is the legal meaning and significance of exploitation in the digital environment? Even though the concept of exploitation is frequently used in scholarship concerning behavioural exploitation such as “dark patterns”, it is rarely defined. The concept’s normativity is mostly ignored, remains underdeveloped, and lacks solid foundations. This Article aims to close this gap by developing a theory of exploitation for (behavioural) consumer law in the EU that applies to online choice architectures and unfair commercial practices in general. The Article eschews welfare analysis and instead relies on the philosophical discourse on exploitation theory. Even though this discourse is mostly ignored by the literature, the Article submits that this analytical framework fits better with the existing goals and scheme of EU consumer law compared to an approach to legal analysis that is driven by promoting consumer welfare through market efficiency. Ultimately, the Article defends the autonomy theory of exploitation and contends that regulating behavioural exploitation in online choice architectures means regulating for autonomy.
{"title":"A Theory of Exploitation for Consumer Law: Online Choice Architectures, Dark Patterns, and Autonomy Violations","authors":"M. Brenncke","doi":"10.1007/s10603-023-09554-7","DOIUrl":"https://doi.org/10.1007/s10603-023-09554-7","url":null,"abstract":"<p>Commercial practices that exploit consumer behavioural biases (behavioural exploitation) are an increasingly prevalent issue in online choice architectures. EU policymakers have started to expressly regulate such practices. What remains unclear about this type of regulation is when an online choice architecture <i>exploits</i> biased consumers. What is the legal meaning and significance of exploitation in the digital environment? Even though the concept of exploitation is frequently used in scholarship concerning behavioural exploitation such as “dark patterns”, it is rarely defined. The concept’s normativity is mostly ignored, remains underdeveloped, and lacks solid foundations. This Article aims to close this gap by developing a theory of exploitation for (behavioural) consumer law in the EU that applies to online choice architectures and unfair commercial practices in general. The Article eschews welfare analysis and instead relies on the philosophical discourse on exploitation theory. Even though this discourse is mostly ignored by the literature, the Article submits that this analytical framework fits better with the existing goals and scheme of EU consumer law compared to an approach to legal analysis that is driven by promoting consumer welfare through market efficiency. Ultimately, the Article defends the autonomy theory of exploitation and contends that regulating behavioural exploitation in online choice architectures means regulating for autonomy.</p>","PeriodicalId":47436,"journal":{"name":"JOURNAL OF CONSUMER POLICY","volume":"24 1","pages":""},"PeriodicalIF":2.3,"publicationDate":"2023-12-15","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"138687327","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":0,"RegionCategory":"","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}
Pub Date : 2023-12-14DOI: 10.1007/s10603-023-09558-3
L. Lades, F. Nova
Nudges are increasingly used to encourage sustainable and often meat-free diets. Interventions to reduce people’s meat consumption are motivated by concerns about health, animal welfare, and the environment. However, dietary choices are of personal and cultural significance, and not everybody wants to be nudged towards a plant-based diet. Nudging has been criticised for being paternalistic, manipulative, and a violation of personal autonomy, amongst other points. It is important to ask whether it is ethical to nudge people towards plant-based diets or whether it is unethical not to do so. Using the FORGOOD ethics framework, this paper organises diverse ethical arguments both in favour and against nudging people towards plant-based diets into seven dimensions: fairness, openness, respect, goals, opinions, options, and delegation. We propose that policymakers, researchers, retailers, restaurant managers, and others who design food menus, set food defaults, decide about which labels to use, and design food choice architectures in other ways should use the presented arguments to reflect on whether nudging people towards plant-based diets is ethical.
{"title":"Ethical Considerations When Using Nudges to Reduce Meat Consumption: an Analysis Through the FORGOOD Ethics Framework","authors":"L. Lades, F. Nova","doi":"10.1007/s10603-023-09558-3","DOIUrl":"https://doi.org/10.1007/s10603-023-09558-3","url":null,"abstract":"<p>Nudges are increasingly used to encourage sustainable and often meat-free diets. Interventions to reduce people’s meat consumption are motivated by concerns about health, animal welfare, and the environment. However, dietary choices are of personal and cultural significance, and not everybody wants to be nudged towards a plant-based diet. Nudging has been criticised for being paternalistic, manipulative, and a violation of personal autonomy, amongst other points. It is important to ask whether it is ethical to nudge people towards plant-based diets or whether it is unethical not to do so. Using the FORGOOD ethics framework, this paper organises diverse ethical arguments both in favour and against nudging people towards plant-based diets into seven dimensions: fairness, openness, respect, goals, opinions, options, and delegation. We propose that policymakers, researchers, retailers, restaurant managers, and others who design food menus, set food defaults, decide about which labels to use, and design food choice architectures in other ways should use the presented arguments to reflect on whether nudging people towards plant-based diets is ethical.</p>","PeriodicalId":47436,"journal":{"name":"JOURNAL OF CONSUMER POLICY","volume":"32 1","pages":""},"PeriodicalIF":2.3,"publicationDate":"2023-12-14","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"138628477","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":0,"RegionCategory":"","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}