Greenwashing: a growing legal risk for businesses

Greenwashing can lead to substantial fines, damages claims from consumers and serious reputational harm. The warnings are not theoretical:

What is greenwashing?

Greenwashing occurs when businesses make false, exaggerated or insufficiently substantiated environmental claims. Think of terms such as “eco-friendly”, “climate neutral” or “good for the environment” without concrete evidence. Using unclear labels, or suggesting sustainability through CO₂ offsetting alone, also falls under this heading.

Fines and enforcement are increasing

In the Netherlands, the Authority for Consumers & Markets (ACM) actively supervises sustainability claims. Greenwashing is treated as an unfair commercial practice. The sanctions are substantial:

• Fines of up to €900,000 per infringement or, if higher, 10% of annual turnover
• An order to stop misleading advertising
• Publication of infringements by regulators
• Civil claims by consumers or interest groups

In addition, the Dutch Advertising Code Committee (RCC) plays an important role in complaints about misleading sustainability advertising.

Stricter European rules from 27 September 2026

Directive (EU) 2024/825 (“empowering consumers for the green transition”) amends the rules on unfair commercial practices. From 27 September 2026 the following applies, among other things:

• Generic environmental claims such as “environmentally friendly”, “green” or “eco” are banned unless excellent environmental performance can be demonstrated
• Claims that a product has a neutral, reduced or positive climate impact based on offsetting with carbon credits are banned
• Sustainability labels are only allowed if they are based on a certification scheme or established by a public authority
• Claims about future environmental performance require a concrete, verifiable plan with measurable targets

The separate Green Claims Directive, which would among other things have required prior verification of claims by independent bodies, was put on hold by the European Commission in June 2025 and has not been adopted (status as at 16 September 2026). In the Netherlands, the ACM actively supervises the market and has launched investigations into sustainability claims in several sectors.

What does this mean for businesses?

Communicating about sustainability takes more than good intentions. Businesses should:

• Only make claims that are verifiable and up to date
• Use recognised labels and independent verification
• Be clear about what a claim does and does not mean
• Align marketing, legal and ESG reporting

Those who organise this well limit their legal risks and strengthen the trust of customers and partners.

Our approach

With participants’ contributions we buy carbon credits from Gold Standard-registered projects in Chad and Kenya and support a rice-straw project in Thailand. We do not promise climate neutrality and we do not offset participants’ emissions: we make a concrete contribution visible and keep proof of purchase available on request. That keeps it clear what we do and what we do not.

What you may and may not say as a participant

Taking part in Green QR Code is a contribution to climate projects, not a characteristic of your product. So keep your communication factual:

• Do: “For every box delivered we contribute, through Green QR Code, to climate projects in Chad, Kenya and Thailand — scan the code to see the projects.”
• Do: show the Green QR Code and the participant logo on packaging, invoices and your website.
• Do not: say “climate neutral”, “CO₂ neutral”, “CO₂ offset” or “good for the climate” on the basis of your participation.
• Do not: suggest that your packaging or product itself has become more sustainable or environmentally friendly because of the code.
• Do not: present the contribution as a label or certification of your product.

This is general information, not legal advice. Have your own sustainability claims reviewed before you use them, and check the rules in your own country.

Conclusion

Greenwashing is no longer a marketing slip but a serious legal risk. The combination of stricter legislation, active regulators and critical consumers means that businesses must substantiate their sustainability claims properly. Prevention is cheaper than litigation.