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Publication 29 Aug 2023 · Albania

Dutch regulator updates Guidelines on sustainability claims

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June 2023

In June 2023, The Dutch Authority for Consumers and Markets (ACM) published a revised version of its 2021 Guidelines on sustainability claims. In the new version, the ACM has incorporated input from companies and organizations and has made adjustments based on (new) EU laws and regulations. By way of these Guidelines, the ACM provides additional guidance to companies on consumer protection rules governing unfair trade practices related to sustainability claims.

The Guidelines' substantive requirements have not changed. The new Guidelines further clarify and specify the rules on sustainability claims, particularly by giving examples of misleading and non‑misleading claims. The aim here is to better equip companies to help them make sound sustainability claims.

The 2023 Guidelines contain five rules of thumb for correct sustainability claims, that have been slightly reformulated and now read as follows:

  • 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.

For more information also see: Dutch regulator updates Guidelines on sustainability claims (cms-lawnow.com)

For more information on sustainability claims and greenwashing in Netherlands please see here.

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2.20. The Swiss Bankers Association (SBA) has included a new section on ESG risks

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2.22. Transparency in “green” claims: UK Advertising Regulator updates guidance on misleading environmental claims