German environmental aid plans lawsuit against Hornbach
Environmental aid: Exceeding the mercury limit values in energy-saving lamps near Hornbach
10.08.2011
After the German Umwelthilfe e. V. (DUH) for the energy-saving lamps of the private label „Flair Energy“ The DIY chain Hornbach has noted a significant excess of mercury limits, the environmental association is now planning to file a lawsuit against the hardware store chain Landau Landau.
Hornbach has responded to the proof of exceeding the limit value in the energy-saving lamps, the „Flair Energy“ Compact fluorescent lamps taken off the market and signed a declaration of omission, according to the company „just those transgressions that were reprimanded by the club“ should be avoided in the future. But the devil is as so often in the detail. Because the DIY chain had adapted the text of the originally required by the DUH cease and desist, so this exclusively for the energy-saving lamps „Flair Energy“ Should be valid. However, the environmental association required compliance with the limit values for all energy-saving lamps placed on the market.
Harmful mercury in energy-saving lamps
As Thomas Fischer of the German environmental aid in conversation with „Heilpraxisnet“ explained that dealers are responsible for compliance with mercury limits for energy-saving bulbs placed on the market. After the product tests in the „Flair Energy“ Hornbach compact fluorescent lamps had clearly exceeded the permissible mercury levels, the DUH therefore demanded from the DIY chain a comprehensive omission explanation. All tested „Flair Energy“ Energy-saving lamps would have contained more than the legally permitted five milligrams of toxic mercury, the maximum was even 13 milligrams, reported the German environmental aid. Following the investigation by the DUH, the DIY chain was promptly withdrawn from the market to buy energy-saving lamps and a declaration of discontinuance was issued „Guarantee of compliance with the mercury limit values for all energy-saving lamps marketed by the DIY chain“, to sign, explained Thomas Fischer.
Action planned for non-compliance with environmental laws
Hornbach has then actually signed a declaration of omission, but the text was a little adapted, said Thomas Fischer of the DUH. Instead of guaranteeing compliance with the limit values for all the energy-saving lamps offered, Hornbach limited the declaration of omission to the lamps, for which the DUH in any case proved an inadmissible excess of the mercury limit values. However, according to Thomas Fischer, this does not mean that the energy-saving lamps that have been taken off the market can simply be replaced by a new product. The DUH therefore assesses the modified declaration of discontinuance of the DIY chain as a refusal of cooperation and claims to have filed a lawsuit „Non-compliance with environmental laws“ submit to Landau Landau.
Compliance with mercury limits technically no problem
The trust in Hornbach is rather small at this point, as the DIY store chain had also promised in the run-up to the product tests that its own quality management ensured compliance with the limit values for all energy-saving lamps offered - but that was not the case, explained DUH. The refusal of Hornbach, which became clear with the adjusted omission explanation, „to promise bindingly to sell in the future only energy saving lamps, which meet the legal maximum values for mercury,“ is in the opinion of the DUH general manager Jürgen Resch „not acceptable“. Especially since technically compliance with the limits is relatively easy to ensure. According to the DUH, only the outdated production methods of the energy-saving lamps still lead to an exceedance of the mercury limit values. However, modern production methods allow mercury levels of about two milligrams, which is well below the threshold of five milligrams for energy-saving lamps in Germany. Thus, the DIY chain should actually be able to guarantee compliance with the mercury limits in the interests of consumers in all offered energy-saving lamps, said the DUH.
Hornbach denies the allegations of the German environmental aid
However, reacting only when independent organizations demonstrate that the limit values for a particular product have been exceeded and then only sign a declaration of discontinuance for this product appears to be a rather inappropriate approach by the DIY chain. In principle, the claim of flawless products propagated by Hornbach should also apply to the entire range of products, so a corresponding written guarantee in the form of the required omission explanation would not be a problem. For which reason Hornbach modifies the text however and exclusively on the „Flair Energy“ Compact fluorescent lamps, explains the spokeswoman for the group, Dr. med. Ursula Dauth, in her current press release on the allegations of DUH not. Instead, the scandalous behavior of the DUH is reported and the attempt of the environmental organization, „to profile oneself about the wrong representation of facts“, the wording in the Hornbach press release. It is accepted approvingly, „to harm a company sustainably“, so the opinion of the group. The DUH, however, is of the opinion that Hornbach has to attribute the damage itself. (Fp)
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Picture: Ernst Rose (Picture shows no Hornbach energy saving lamp)