Sustainability claims: what can you still say as a business?

23 September 2026

Arslan Advocaten

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Sustainability claims: what can you still say as a business?

Since 16 July 2026, you may only describe a product, service or your business to consumers as “sustainable”, “green” or “climate neutral” if you can make that claim specific and prove it. Since then, a number of sustainability claims have been on the blacklist: they are prohibited in all circumstances, regardless of whether a consumer has actually been misled by them.

Nederlands: Lees dit artikel in het Nederlands: Duurzaamheidsclaims: wat mag u als ondernemer nog zeggen?

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Written by Onur Arslan, attorney at Arslan Advocaten. Registered in the specialisation register of the Netherlands Bar for employment law and personal injury. Last updated: 17 September 2026.

Written and legally reviewed by Onur Arslan, attorney at Arslan Advocaten. Registered in the specialisation register of the Netherlands Bar for employment law and personal injury. Reviewed on 17 September 2026 against the statutory text on wetten.overheid.nl.

You sell to private individuals and your packaging, website or Instagram account states that your product is “environmentally friendly”, or that shipping is “CO2 neutral”. Until now, whether such a statement was misleading depended on the circumstances. That room for manoeuvre is shrinking. This page explains what has changed, who it applies to and what you need to check now.

Which law is this, and who does it apply to?

The new rules come from the Dutch act implementing the directive on empowering consumers for the green transition (Implementatiewet richtlijn betere duurzaamheidsinformatie voor consumenten), which incorporated Directive (EU) 2024/825 into Book 6 of the Dutch Civil Code; they apply to commercial communications from businesses to consumers.

The act was published in Bulletin of Acts and Decrees (Staatsblad) 2026, 152 and, pursuant to Staatsblad 2026, 204, entered into force on 16 July 2026. The directive itself had to be applied by 27 September 2026 at the latest; the Netherlands was ahead of that date, so the new prohibitions already apply. They build on the existing rules on unfair commercial practices in Section 6.3.3A of the Dutch Civil Code (Article 6:193a et seq.).

This covers everything you communicate to consumers: packaging, labels, product pages, advertisements, newsletters, social media posts and what your sales staff say in the shop. Communication aimed exclusively at business customers is not covered. There, however, the general rule of Article 6:194 of the Dutch Civil Code continues to apply, which also prohibits misleading advertising between businesses.

What exactly is prohibited?

Twelve commercial practices are being added to the list of practices that are always regarded as misleading; most concern environmental claims and labels, and some concern the durability and reparability of products.

Prohibited practice	Example of what is no longer allowed
Displaying a sustainability label that is not based on a certification scheme and has not been established by public authorities	A self-designed green “eco-approved” icon on your own products
Making a generic environmental claim without demonstrable, recognised excellent environmental performance	“Environmentally friendly”, “green”, “nature friendly”, “eco” without specific substantiation
Making an environmental claim about the entire product or the entire business when it concerns only one aspect	“Made from recycled material” when only the packaging is recycled
Claiming, on the basis of offsetting emissions, that a product has a neutral, reduced or positive climate impact	“Shipped climate neutral” because you buy CO2 credits
Presenting statutory requirements as a distinctive feature of your offer	“Free from banned substances” when those substances are banned for everyone
Incorrect or misleading statements about durability, repair, software updates and consumables	Claiming a lifespan that is not achieved under normal use; promoting a product as repairable when it is not

The table summarises the practices; the exact wording is set out in the law. What matters is the distinction between a generic claim and a specific claim. “Sustainable” is generic. “Packaging made from 80% recycled cardboard” is specific and remains permitted, provided it is correct and you can prove it.

So is “CO2 neutral” no longer allowed at all?

A claim that your product is climate neutral because you offset emissions elsewhere is prohibited; a claim about the emissions you yourself have demonstrably reduced remains possible.

The prohibition targets linking offsetting to the product. You may still state that you invest in climate projects, as long as you do not give the impression that the product itself therefore has no impact or less impact. Statements about your own reductions must be specific, accurate and substantiated.

Promises about the future

A claim about future environmental performance, such as “climate neutral by 2030”, must be backed by clear, public and verifiable targets in a realistic implementation plan that is monitored by an independent expert.

If that plan or that monitoring is missing, the claim is a misleading commercial practice. This is not on the blacklist, but is assessed under the open standard for misleading practices. In practice this means: no claim about the future without a file you can submit to a regulator.

What are the consequences if things go wrong?

The ACM (Netherlands Authority for Consumers and Markets) supervises and can take enforcement action; in addition, a consumer can annul the agreement, and competitors can hold you liable.

Supervision. The ACM has been designated as the regulator for these rules and can, among other things, impose fines and orders subject to periodic penalty payments.
Consumers. If an agreement was concluded as a result of an unfair commercial practice, it is voidable under Article 6:193j(3) of the Dutch Civil Code.
Burden of proof. If a consumer argues that a factual claim is incorrect, you must in principle prove that the claim is accurate (Article 6:193j(1) of the Dutch Civil Code). Without a file, your position is weak.
Competitors. A competitor that suffers loss as a result of your misleading statements can hold you liable on the basis of tort (onrechtmatige daad).

By way of illustration. An online sportswear shop places a green leaf with the text “conscious choice” above every product page and states at checkout that parcels are shipped “climate neutral”, because the shop transfers a small amount per shipment to a forestry project. The leaf was designed by the shop itself. The shop is breaching three prohibitions at once: its own label without certification, a generic claim without recognised excellent environmental performance, and a climate claim based on offsetting. The shop may continue to mention its investment in the forestry project, but not as a characteristic of the shipment. This is a hypothetical situation to illustrate the rule, not a case handled by our firm.

What you need to do now

Take stock of all claims. Packaging, labels, product texts, advertisements, social media, newsletters and sales scripts. Do not forget old campaigns that are still online.
Delete or specify generic words. Replace “sustainable” with what is actually the case, or leave it out.
Check every label. Is it based on a certification scheme with independent verification, or was it established by public authorities? If not: remove it.
Take offsetting claims off the product. Communicate investments in climate projects separately from the characteristics of the product.
Build an evidence file for each claim. Which data, from whom, from when, and who verified it.
Claims about the future only with a plan and external verification. If you do not have these, do not use the claim.
Check your existing stock. For products bearing claims that are already on the market, the European consumer authorities have published a joint explanatory note; the ACM refers to it. Have an assessment made of what this means for your stock.

Frequently asked questions

Does this also apply if I only sell to businesses?

The new prohibitions concern communication aimed at consumers. Between businesses, misleading advertising remains prohibited under Article 6:194 of the Dutch Civil Code, but the new blacklist does not apply there directly.

May I still use the word “sustainable”?

Only if you make it specific straight away and on the same medium, or if you can demonstrate recognised excellent environmental performance relevant to the entire claim. The risk lies in using the word on its own as a selling point.

Is the EU Ecolabel permitted?

Labels based on a recognised certification scheme or established by public authorities remain permitted. The government cites the EU Ecolabel as an example.

What if my supplier put the claim on the packaging?

As the seller, you are responsible for the commercial practices through which you offer your products to consumers. Make arrangements with your supplier about substantiation and indemnity.

Can a consumer ask for their money back?

If the agreement was concluded as a result of a misleading or prohibited practice, the consumer can annul the agreement. Annulment has retroactive effect and leads to the reversal of what has already been performed.

Help with reviewing your communications

Arslan Advocaten assesses your existing claims, labels and general terms and conditions and advises on amendments and substantiation. If you receive a letter from the ACM or a competitor, we can assist you.

Call 070 450 0300 or send your question via the contact form.