Rules for sustainability claims

Do you wish to use a sustainability claim to make known your product or service is sustainable? For instance, by stating on the packaging that you use renewable materials, or that the packaging is made of recycled materials? You must keep to several rules to ensure such claims are fair and trustworthy.

Greenwashing (misleading) is an offence

You are not required to use sustainability claims. If you choose to use such a claim, it must be truthful and reliable. If your claim is not honest or reliable, this is called greenwashing: misleading customers by making your products or services appear more sustainable than they are.

Misleading customers is a punishable offence, and you can be fined. The Netherlands Authority for Consumers and Markets (Autoriteit Consument en Markt, ACM) supervises this. ACM explains the current rules on their webpage Sustainability Information (Duurzaamheidsinformatie, in Dutch)

Sustainability claims must be truthful and clear

The most important rule is that such claims must be clear, truthful, and reliable. Ensure that your explanation is stated clear and prominent on the same packaging, advert, or web page as the claim. You should take note of the following:

• Use language that is easy to understand and make sure any information you supply is straightforward. You cannot provide information that is open to different interpretations.
• Describe your claims factually and do not use terms like 'greenest' or 'cleanest' if you cannot prove it.
• Do not give out false information and do not describe your product as better than it is.
• Check if your label complies with the mandatory attributes with Skal’s Dutch-language guide. Skal Biocontrole is the Dutch certifying and supervising body for the organic chain.
• Do not claim that a product is more sustainable on the basis of a requirement that all comparable products are legally obliged to meet.

You are not allowed to make general environmental claims such as ‘green’ and ‘environmentally friendly’ unless you can demonstrate recognised excellence in environmental performance. If you state clearly and prominently on the same medium exactly which environmental benefit you are referring to, then it is no longer a general environmental claim. However, the specific claim must still be accurate and must not mislead consumers. For example, state what has been improved about the packaging, rather than simply saying ‘green packaging’.

Prove your sustainability claims

You must be able to prove your sustainability claims by:

• referring to independent research and standards
• regularly checking if your proof still meets the current standards, knowledge, and technology

Do not use CO₂ compensation as evidence to support a product claim

You must not claim that a product is climate-neutral, causes fewer emissions, or has a positive impact on the climate simply because you copensate for greenhouse gas emissions. You may, however, state that your business is investing in a climate project, such as forest restoration. If you do so, you must not not give the impression that the product itself is climate-neutral or less polluting as a result of that investment.

Compare your products properly

Do you make a comparison in your sustainability claim? For instance, 'this product uses 20% less energy'? You must make clear what you compare the product with. Make sure the comparison is fair, reliable, and up to date.

You can, for example, compare your product or production process to:

• a previous product or process you use in your company
• another company’s comparable product or production process
• the generally accepted standard in your sector

Do you offer consumers a service that allows them to compare products in terms of sustainability? If so, then you should also provide information on your comparison method, which products and suppliers you compare, and how you keep the information up to date.

Sustainability of your company

Do you claim your business is sustainable? You must make sure:

• it is clear that your claim concerns the aims you want to reach, or the real environmental impact of your business
• your claim is concrete, and you state specific initiatives and actions
• you do not present your business as more sustainable than it is, for instance by highlighting only a few activities

You must not use an environmental claim for your entire business or an entire product if the benefit applies only to 1 business activity, or 1 component of the product.

Claims about future environmental targets

Do you claim that your business will achieve a specific environmental target in future? Then you must make clear, verifiable commitments and draw up a realistic plan. Include measurable targets and a timetable in this plan. You should have an independent expert monitor regularly how the implementation is progressing, and make sure that consumers are kept informed. Simply stating that your business is, for example, 'on the path to a sustainable future' is not enough.

Use of symbols and quality marks

You can use symbols, logos or pictures to show your sustainability claim. But you are only allowed to do so if they support your claim and do not send a wrong signal on the features of your product.

You may also use quality marks. You can, for example, use Milieu Centraal’s Dutch-language quality mark guide (Keurmerkenwijzer) to find out which quality mark you could use and which organisation is responsible for its implementation and monitoring its use.

The following rules apply to a sustainability label:

• You may only use a quality mark if you meet the conditions for that quality mark.
• You must inform your customers what these conditions are, and which authority monitors the use of the quality mark.
• Only use a quality mark that supports your claim and does not create a false impression about the features of your product.
• The quality mark must have been established by a public authority, or it must be based on a certification scheme that meets the legal requirements. Under such a scheme, an independent body checks whether you meet the requirementsas a quality mark if it is not part of such a certification scheme. 

You can read more about the proper use of sustainability quality marks at the ACM's website (in Dutch).