Eco-friendly? Prove it!

When companies use environmental claims in their marketing, they must be able to document the accuracy of these statements. Otherwise, they risk violating the prohibition against misleading advertising under the Danish Marketing Act, which can result in hefty fines.

Specific or general?

Particularly strict requirements apply to companies using general claims like "eco-friendly," "good for the planet," and "sustainable." This is because general statements can be more challenging to substantiate than specific claims like "50% recycled plastic" or "silicone-free."

If you are considering using a general claim in a campaign, it is important to understand the rules and requirements fully.

Strict documentation requirements

Companies considering using general climate or environmental claims should first ensure that they can prove that the product is among the absolute best in its category from an environmental standpoint. This is a requirement when making general claims.

Additionally, the documentation must:

• be based on a life cycle assessment of the product and
• be supported by studies or statements from independent experts

Companies can avoid conducting a full life cycle assessment if the general claim is accompanied by an explanation. The explanation must provide consumers with the basis for the environmental claim and must be presented immediately alongside the claim. Companies must also be able to document the accuracy of the provided explanation.

If the product is certified under an official labelling scheme, such as the Nordic Swan Ecolabel or the EU Ecolabel, the life cycle assessment conducted as part of the certification process will suffice.

Be aware of the minimum requirements

In addition to documenting the accuracy of the claim, companies must also ensure that the product's climate or environmental benefit:

• Is one of the product’s most significant climate or environmental benefits and is essential to its climate or environmental impact
• Is not achieved in a manner that is harmful to the climate or environment
• Is not substantially offset by other climate or environmental impacts of the product
• Is not a common feature of similar products on the market

IUNO’s opinion

Businesses should take a close look at their campaigns if they include general environmental claims. Using specific claims instead is often a safer bet since they’re easier to back up. This helps reduce the administrative burden and lowers the risk of breaking the rules on misleading advertising under the Danish Marketing Act.