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“A Greener Choice,” “CO2-Saving,” and “A Sustainable Alternative.”
We’ve all encountered expressions like these in recent years—and some may have sounded a little too good to be true.
With growing attention on green transition from media, politicians, businesses, and consumers, the Consumer Ombudsman has now established a set of communication guidelines to prevent misleading marketing and inaccurate claims that erode trust in genuine green initiatives.
The Consumer Ombudsman’s new recommendations guide companies in communicating responsibly and accurately when making green claims about climate, environment, and sustainability in their marketing.
These new guidelines replace the previous quick guide on environmental marketing from 2021 and provide specific guidance for companies that want to highlight their green initiatives in a lawful and credible manner.
Read more: Draft for the new regulation is ready: Here are 7 important news
Greenwashing vs. Greenhushing
In recent years, the growing focus on sustainability and CO₂ reductions has led to numerous positive initiatives.
Unfortunately, there have also been cases where the actual impact of these efforts has been dressed up in “borrowed green feathers.” Too many empty promises and vague documentation have led to accusations of greenwashing, followed by warnings and fines.
This, in turn, has led to greenhushing, where companies choose to keep quiet about the positive effects of their sustainable initiatives that are actually true. This happens both because they are uncertain about what they can communicate and, more often, out of fear of criticism or accusations of greenwashing.
It’s a shame, as it means genuine and valuable progress often goes unnoticed, missing the positive impact it could have had on consumers and society.
Read more on this subject: Inadequate legislation can lead to distortion of competition and chaos in waste handling
Guidelines to Increase Transparency and Credibility
The purpose of the Consumer Ombudsman’s new recommendations and examples is to create greater clarity, transparency, and credibility in the marketing of green products and initiatives.
In general, you can go a long way by keeping these three key tips in mind:
1. You must always be able to document what you say
Always be specific in your marketing, and remember that all green claims must be verifiable—good intentions are not enough. Claims should reflect actual benefits of the product compared to similar products, and in most cases, documentation should be verified by an independent third party.
2. Keep claims in proportion
Use concrete and precise statements in your marketing, and avoid broad, vague terms like “green” and “eco-friendly.” There must be a reasonable correlation between the actual, measurable progress—such as CO₂ reduction or sustainable transformation—and the messages in your communication. For example, it doesn’t make sense to highlight “greener packaging” if the packaging accounts for only one percent of the product’s overall CO₂ footprint.
3. Avoid empty promises—be as concrete as possible
Be cautious with abstract terms and vague slogans. The Consumer Ombudsman has previously warned against calling products “sustainable” without real evidence to support it. Other vague terms like “regenerative” have also been flagged. Avoid such terms unless they are clearly explained and documented. It has also become nearly impossible to market products as “net zero” or “climate neutral” if this is based solely on carbon offsetting. Avoid exaggerations, and never use general or vague statements without explaining precisely what they mean in practice.
Specification of Additional Areas
The Consumer Ombudsman’s new recommendations also include clarifications on several areas:
Clarification of Responsibility
The new recommendations place greater emphasis on ensuring accountability and consideration throughout the entire supply chain.
As a general rule, the company that markets a product is responsible for complying with the marketing laws and may face penalties for violations.
However, the new recommendations clarify the relationship between the manufacturer and the retailer, emphasizing that the retailer can also be held responsible if they remain passive. The retailer is obligated to ensure that the manufacturer’s marketing is accurate before it is passed on.
Although a retailer can typically rely on the manufacturer’s information, they must investigate further if the information seems questionable or if there are particular circumstances that warrant additional scrutiny. A retailer can, therefore, be held responsible even for simple negligence.
The updated recommendations also include a separate section detailing the responsibility for complying with the marketing laws, clearly outlining the responsibilities of manufacturers, retailers, influencers, and online platforms.
If your company uses influencers in its marketing, you should be aware that influencers can be held responsible for promoting products with environmental claims without supporting documentation. If the influencer receives vague, general information about a product’s sustainability, they should request documentation or further details from the company. Additionally, online platforms selling third-party products can be held responsible for illegal information on their platform, even if they were not directly aware of it.
When it comes to responsibility for marketing a product, both the manufacturer and the retailer can be held accountable, especially if an environmental claim is attached to the product. If the retailer is not the manufacturer, the Consumer Ombudsman will generally treat the case against the manufacturer unless the retailer has acted negligently.
Sustainability
The Consumer Ombudsman emphasizes in the new recommendations that it is difficult to label a product as “sustainable” without risking misleading consumers. Therefore, it is recommended that companies avoid using sustainability claims in their marketing. However, this does not mean that you cannot use the term “sustainable” in your communication at all.
You can highlight that you are “striving for sustainability” or “implementing sustainability initiatives.” It is important to note, however, that compliance with specific sustainability regulations (e.g., due to special legislation) does not automatically entitle a company to market a product as “sustainable.”
Your company can also legally describe its sustainability efforts under a specific section on its website, such as a “Sustainability” tab. This section should include information about your efforts to promote sustainability or the specific sustainability initiatives your company has implemented.
Therefore, companies can market themselves as working on sustainability, but this requires that the initiatives genuinely result in significant improvements. These initiatives may include actions that substantially contribute to, for example, biodiversity, climate, pollution, recycling, reuse, or material choices that significantly reduce the strain on the Earth’s resources.
Why It’s Important for Your Business
Responsible behavior is no longer just a virtue. It is a necessity for businesses that want success both now and in the future.
Politicians demand it, and consumers, partners, and employees expect it. Central to this development is the way we communicate about the progress being made, the challenges we face, and the problems we still need to address.
Precise, transparent, and accurate information about your initiatives will become crucial, and the Consumer Ombudsman’s new recommendations can serve as a tool to help your business navigate the current requirements and ensure compliance with the Marketing Act.
