How must green claims be substantiated under Dutch and EU law?

Dutch term: Onderbouwing groene claims | Legal basis: EU UCPD + Green Claims Directive

Environmental marketing claims ('eco-friendly', 'carbon neutral', 'sustainable', 'recyclable') must be truthful, specific, verifiable and substantiated under the EU Unfair Commercial Practices Directive (2005/29/EC), implemented in articles 6:193a to 6:193j of the Dutch Civil Code. The upcoming EU Green Claims Directive will impose additional substantiation and verification requirements, including mandatory third-party verification for certain claims.

Under the current rules, a green claim that is vague, generic or not supported by evidence is considered a misleading commercial practice. The Netherlands Authority for Consumers and Markets (ACM) actively enforces against greenwashing and has issued specific guidance on environmental claims. Competitors and consumer organisations can also bring civil claims for injunctions and damages. The GPSR adds specific requirements for safety-related environmental claims on product labelling.

Why it matters for international businesses

For manufacturers, importers and brands marketing products in the EU, ensuring that every environmental claim is substantiated by reliable evidence, specific in its scope, and compliant with the applicable rules is becoming as important as product safety compliance itself. MAAK Advocaten advises on green claims strategy and compliance.