Get your campaign approved by the Danish Consumer Ombudsman

What is a preliminary opinion?

The preliminary opinion is an assessment from the Danish Consumer Ombudsman that provides companies with an indication of whether their planned marketing is compliant. This scheme is particularly relevant for companies planning to use environmental claims or other marketing statements where the rules are complex.

While not legally binding, a preliminary opinion serves as an important guideline to assess whether a campaign might violate the Danish marketing laws.

When should you apply for a preliminary opinion?

If your company is planning a campaign and is uncertain about its legality – for example, if you are using general environmental claims such as “climate-friendly” or “sustainable” – it may be a good idea to seek the Danish Consumer Ombudsman’s input in advance.

To obtain the preliminary opinion, companies must submit a written request with a detailed description of the marketing initiative, documentation supporting the claims, and an assessment of how it complies with marketing laws. The request must concern a specific marketing initiative that has not yet been launched.

Limitations of a preliminary opinion

While a preliminary opinion can provide valuable guidance, there are some limitations. The opinion is advisory and does not guarantee that a court will reach the same conclusion in a legal dispute. The Danish Consumer Ombudsman also prioritises requests based on relevance and available resources, meaning not all applications will be processed.

IUNO’s opinion

We recommend that companies seek a preliminary opinion if they are uncertain about the legality of their marketing – particularly regarding environmental claims. This proactive approach can help minimise the risk of fines and negative publicity.

At IUNO, we assist businesses in navigating marketing regulations, even when the Consumer Ombudsman cannot provide an advance notice due to resource limitations. Do you have a campaign in the pipeline? Let us take a look at it first.