The misleading commercial practices referred to in Articles L. 121-2 to L. 121-4 are punishable by two years’ imprisonment and a fine of 300,000 euros.
The amount of the fine may be increased, in proportion to the benefits derived from the offence, to 10% of the average annual turnover, calculated on the basis of the last three annual turnover figures known on the date of the offence, or to 50% of the expenditure incurred in carrying out the advertising or practice constituting the offence. This rate is increased to 80% in the case of the misleading commercial practices referred to in b and e of 2° of article L. 121-2 when they are based on environmental claims.