Do companies really have to fear the ‘Green Claims’ Directive, which is still being developed? The draft directive aims to tackle greenwashing alongside the “Empowering Consumers Directive”, which has already come into force. However, it is currently being criticized in the media as unnecessary over-regulation and an unwelcome restriction that will put an end to creative marketing. The delayed third trilogue between Parliament, the Council and the Commission is already seen as a glimmer of hope, with growing optimism that the unwelcome “green claims” will be rejected after all.
However, the fact that rules for the use of environmental and sustainability-related advertising claims have long been established on the European market and beyond is often ignored. Due to a lack of uniform regulation at EU level, however, these rules are unfortunately not clearly defined or unanimous, but rather a confusing patchwork of national regulations, case law, official interpretations and authority standards. This leads to a highly risky and uncertain situation for companies today.
While not a problem in one country, the same logo or claim in another country may result in a sales ban and require relabeling – not exactly a harmonized market, is it?
The concretization of competition law in the course of the adaptation process for the Empowering Consumers Directive was a first step towards establishing clearer rules in this area, in which still numerous undefined terms such as “realistic” or “detailed” leave questions unanswered.
Read more about the Empowering Consumers Directive in our article “environmental labelling of products subject to more stringent rules”.
However, given the long lead times from product development to the final marketing campaign, there is a need for binding rules that provide predictable and reliable direction with clear requirements. Those who understand environmental and sustainability-related marketing as it should be — not greenwashing or greenhushing, but the creative presentation of the facts inherent in the product — know that appropriate processes and the collection of facts are essential, whether legally prescribed or not.
The details of how a Green Claims Directive should be structured are a legitimate topic for discussion, and it is hoped that, in view of clearer rules and requirements, the question of whether pre-approval for claims is necessary will ultimately be answered in the negative. As much as our “yes” to clear rules stands, calls for a legally prescribed pre-approval questions the maturity and self-responsibility of companies. We hope that the spirit of “Omnibus IV” will also be applied in the third trilogue on green claims, with the aim of reducing bureaucracy and promoting digitalization.
Regardless of current developments in the trilogue procedure on green claims, the issue of greenwashing remains on the agenda. Companies should therefore take the utmost care when developing advertising measures that consider sustainability, given the rapidly evolving national requirements and legal proceedings worldwide. This process typically begins with gaining an overview of the existing claims, whether in words, images, logos, or other forms.
You can find more information on the right approach to product marketing with sustainability aspects, and on the environmental information already required when placing products on the market, here.
