Guidelines regarding Sustainability claims
The Guidelines regarding sustainability claims reflect ACM’s interpretation of the law on the basis of the state of affairs in 2023. Please note that this information may be outdated by now. When drafting sustainability claims, it is therefore advisable to consult the new regulations as part of the ‘Empowering Consumers for the Green Transition’.
On September 27, 2026, new European rules will enter into force with regard to sustainability claims and sustainability labels aimed at consumers. These rules, which follow from the Directive on Empowering Consumers for the Green Transition (also referred to as the EmpCo or ECGT Directive), seek to better protect consumers against misleading sustainability claims. This ECGT Directive (external website) (external website) was set on February 28, 2024. Member States had to transpose the Directive into national legislation. The Dutch Implementing Act (external website, in Dutch) (external website) has, at this point, been adopted by the Dutch House of Representatives and the Dutch Senate. The new rules will take effect on September 27, 2026. ACM has been designated as the regulator responsible for enforcing compliance with these rules.
The Netherlands Authority for Consumers and Markets (ACM) has updated the Guidelines regarding Sustainability claims. The guidelines contain rules of thumb and practical examples to help companies phrase their sustainability claims.
Consumers and companies more and more often wish to contribute towards a world that will remain livable in the long term as well. That is why they find it increasingly important to make sustainable choices. Consumers have become more interested in the sustainability impact of the products and services that they purchase. They take into account sustainability in their purchase decisions. However, claims about sustainability are often seen as unreliable by consumers. Companies must be honest about sustainability, and can only use clear, correct, and relevant sustainability claims. The ACM Guidelines contain 5 rules of thumb to help companies phrase correct sustainability claims. These are:
- Use correct, clear, specific and complete sustainability claims
- Substantiate your sustainability claims with facts, and keep them up-to-date
- Make fair comparisons with other products or competitors
- Describe your future sustainability ambitions in concrete and verifiable terms
- Make sure that visual claims and labels are useful to consumers, not confusing
Documents
Related subjects
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- 29-11-2024 Speech by Edwin van Houten - National Sustainability Conference (in Dutch)
- 03-10-2024 DHL and PostNL adjust their sustainability claims following an ACM action
- 25-07-2024 Vattenfall to stop using the claim “Fossil free living within one generation”
- 18-07-2024 Speech by Martijn Snoep: Public oversight and the European sustainability directive CSDDD (in Dutch)
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- 22-02-2024 Zalando to remove misleading sustainability claims following intervention of European authorities
- 08-01-2024 WOO decision on Guidelines regarding Sustainability claims (in Dutch)
- 21-12-2023 Supermarket chain Plus removes incorrect sustainability claims after ACM intervention
- 04-10-2023 Businesses can collaborate in order to achieve sustainability goals
- 28-08-2023 ACM: consumers are entitled to clear information on sustainability
- 28-08-2023 Study consumers’ perceptions of sustainability claims
- 13-06-2023 ACM: revised guidelines offer more clarity regarding misleading and vague sustainability claims
- 01-06-2023 European Commission publishes new guidelines on competition and sustainability
- 21-03-2022 European Commission’s proposal offers businesses more leeway to make sustainability agreements
- 28-01-2021 Guidelines sustainability claims
- 26-01-2021 Second draft version: Guidelines on Sustainability Agreements – Opportunities within competition law