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Green advertising—claims such as 'sustainable', 'eco', or 'climate-neutral'—must not be misleading. A sustainability claim must be accurate, concrete, and substantiated. Vague or unproven green claims (greenwashing) can constitute unfair trade practices, resulting in action by the regulator and competitors.
Why green claims are a sensitive issue
Consumers are increasingly opting for sustainability and relying on what the seller says without verifying it themselves. Precisely for this reason, they must be able to trust that a green claim is accurate. An incorrect or exaggerated sustainability claim misleads the consumer and is therefore prohibited.
When is a green claim misleading?
A claim is easily misleading if it is vague, absolute, or unsubstantiated. Terms such as 'green', 'environmentally friendly', or 'climate neutral' without explanation or evidence, or which apply to only a small part of the product while giving the impression of the entire product, can be considered unfair trade practices.
Make claims accurate and concrete
If you want to communicate sustainability, do so concretely and with substantiation: explain exactly what is sustainable, why, and with what evidence (such as a reliable certification mark or measurable data). Avoid absolute claims that you cannot substantiate. This prevents deception and actually strengthens trust.
The risks of greenwashing
If you do not comply with the rules, the regulator (ACM) can take action with measures and fines, and competitors or consumers can hold you accountable. In addition to legal consequences, greenwashing leads to reputational damage if it comes to light. Honest, substantiated communication therefore pays off twice over.
Frequently Asked Questions
May I call my product 'sustainable'?
Only if it is accurate and substantiated. A vague or unproven claim can be misleading and constitute an unfair trade practice.
What makes a green claim misleading?
Vagueness, absolute assertions without evidence, or a claim that concerns only a small part while giving the impression of the entire product.
What are the risks of greenwashing?
Action by the ACM involving fines, claims from competitors or consumers, and reputational damage.
Want to have your sustainability claims assessed?
Our legal experts review your green advertising. View our marketing and advertising lawteam, our legal assistance, or schedule a free consultation.
