Sustainability claims: what is allowed in 2026?
New EU rules on green claims, sustainability labels and carbon offsetting. What should your business review?
What has changed in the rules on sustainability claims?
Since 27 September 2026, businesses have had to comply with stricter rules on sustainability claims directed at consumers. These follow from the European Empowering Consumers for the Green Transition Directive (ECGT, Directive (EU) 2024/825), implemented in the Netherlands through amendments to Book 6 of the Dutch Civil Code.
Misleading sustainability claims were already prohibited. The new rules make several prohibitions more specific. In brief: generic environmental claims require recognised excellent environmental performance or a clear specification on the same medium. Products cannot be marketed as climate neutral, climate positive or having a reduced climate impact on the basis of greenhouse gas offsetting. Sustainability labels require a qualifying certification scheme or establishment by a public authority. Claims about future environmental performance require a detailed, independently verified plan.
The rules extend beyond environmental claims to certain information about product durability, reparability, software updates, guarantees and spare parts, where applicable. Businesses should reassess existing websites, packaging, labels, product names, brochures and advertising.
In this article
Can you still say “sustainable”, “green” or “environmentally friendly”?
That depends on the wording and presentation of the claim. A generic environmental claim is one such as “green” or “environmentally friendly” where its specification is not provided in clear and prominent terms on the same medium. Such a claim is prohibited unless the business can demonstrate recognised excellent environmental performance relevant to the claim.
This is a defined legal concept referring to performance under specific European criteria, including the EU Ecolabel, officially recognised EN ISO 14024 type I ecolabelling schemes, or top environmental performance under other applicable EU legislation. An internal report or a measurable improvement is not sufficient by itself.
One option is to specify the claim clearly and prominently on the same medium. A statement on packaging must therefore be explained on that packaging; a separate website or QR code alone is not sufficient.
Specific claims must also be accurate, current and verifiable. Claiming an environmental benefit for an entire product or all business activities when it relates only to one aspect is prohibited. Advertising benefits that do not result from a feature of the product or business activity may also be misleading.
What does this mean in practice?
Too general: Our packaging is environmentally friendly. More specific: This packaging consists of 80% recycled plastic.
Too general: We are a sustainable business. More specific: Our scope 1 and 2 greenhouse gas emissions were 20% lower in 2025 than in 2020, without offsetting.
Too general: We contribute to a better planet. More specific: In 2025 we contributed €25,000 to a nature restoration project in the Netherlands aimed at restoring 10 hectares of peatland.
The figures in these examples are fictional and for illustration only. More specific wording is not automatically lawful: facts must be substantiated, scope must be clear and the overall impression must not mislead. Funding a restoration project does not prove that restoration has been achieved. State what was contributed and what the project aims to do.
A business must not present a legally required feature as a special sustainability advantage. For example, it must not market the absence of a substance as a distinguishing benefit when that substance is prohibited for all products in the relevant category on the EU market.
We offset our CO₂ emissions. Can we still claim to be “climate neutral”?
For a product: not on the basis of offsetting. The ECGT prohibits claiming that a product has a neutral, reduced or positive environmental impact in terms of greenhouse gas emissions because of greenhouse gas offsetting. The prohibition is not limited to the phrase “climate neutral”. Other product claims suggesting a reduced or positive climate impact based on offsetting are also covered.
Distinguish claims about products from claims about businesses. The specific offsetting prohibition concerns products. Claims about a business’s climate performance are not directly covered by that particular prohibition, but remain subject to general rules against misleading practices. A “climate-neutral company” claim remains risky, especially if consumers may infer that its products are climate neutral.
Businesses may communicate factual information about investments in climate projects or purchases of carbon credits. They must make clear what has actually been achieved and must not falsely suggest that a product’s climate impact has disappeared or been reduced as a result.
Can we keep our own sustainability logo or label?
Stricter statutory conditions apply to sustainability labels. A voluntary sustainability label may be displayed only if it is based on a certification scheme meeting the legal requirements or has been established by a public authority. A self-developed sustainability label that meets neither condition is prohibited.
A certification scheme must meet several requirements. Its conditions must be publicly available and it must be open to all businesses able and willing to comply, on transparent, fair and non-discriminatory terms. Requirements must be developed in consultation with experts and stakeholders.
Procedures must address non-compliance, including suspension or withdrawal of the right to use the label. A competent and independent third party must monitor compliance.
Not every green logo is automatically a sustainability label. However, images, symbols, colours, brand names, product names and company names containing terms such as “eco” or “green” may convey an environmental claim.
Existing certifications also require care. For example, an ISO 14001 environmental management certificate must not be presented in a way that incorrectly suggests certification of the environmental performance of a particular product.
Can we keep our ambition to become climate neutral by 2030?
Claims about future environmental performance are not categorically prohibited, but specific legal conditions apply. A business announcing that it aims to be climate neutral by 2030 must have clear, objective, publicly available and verifiable commitments. These must be set out in a detailed and realistic implementation plan with measurable, time-bound targets and the resources required to achieve them.
The plan must be regularly verified by an independent external expert, whose findings must be made available to consumers.
A general ambition or internal policy without a sufficiently developed plan is not enough to substantiate such a commercial environmental claim. A future product claim based on offsetting may also fall within the specific offsetting prohibition.
What should we do with existing packaging and stock?
Many businesses still hold packaging, labels and marketing materials bearing sustainability claims that have been used for years. There is no general statutory exemption for existing stock. European consumer authorities have indicated that enforcement authorities may take transitional circumstances into account in specific cases. This may concern demonstrably old stock and businesses that demonstrably made efforts before the application date to comply as quickly as possible.
Businesses that have taken no action cannot simply rely on possible enforcement restraint. This is not general permission to continue using non-compliant packaging. Nor does enforcement discretion rule out civil action by competitors or representative organisations.
Producers and retailers should inventory existing stock, packaging designs and planned product lines, recording necessary changes and measures already taken.
Our supplier provides the sustainability data. Does that protect us?
Not automatically. Many sustainability claims rely on supplier information about recycled materials, energy use, CO₂ emissions or material origin. Such information can be valuable evidence, but it does not relieve the business making the claim of responsibility for its accuracy and presentation.
Check which products, periods and processes supplier data cover, how the figures were calculated and whether they support the specific claim. A supplier declaration or certificate is not always sufficient. It must also be clear whether the information concerns the whole product, one component or a particular production stage.
We only supply other businesses. Does the ECGT apply to us?
The specific ECGT prohibitions concerning unfair commercial practices are directed at consumer-facing commercial communication. Businesses operating exclusively business-to-business are therefore not directly subject to those specific consumer-law prohibitions in their purely B2B communications.
This does not mean B2B sustainability claims are unrestricted. Rules against misleading advertising also apply in business relationships, including Article 6:194 of the Dutch Civil Code. Self-regulation such as the Dutch Advertising Code may also be relevant. Businesses serving both consumers and business customers must assess the applicable rules for each communication.
We already report under CSRD, VSME or GRI. Is that enough?
No. Sustainability reporting and commercial sustainability communication serve different legal purposes. Businesses report on sustainability policies, performance, risks and targets. Reporting may be mandatory under the Corporate Sustainability Reporting Directive (CSRD) and European Sustainability Reporting Standards (ESRS), where the business falls within their applicable scope. Other businesses report voluntarily, for example using the VSME standard for SMEs or the GRI Standards.
These reports may provide valuable data to support sustainability claims, but the availability of that data does not automatically permit its use in commercial statements. A business may carefully report on CO₂ emissions, reduction measures and climate targets without being entitled to market a product as “climate neutral” on the basis of offsetting.
A similar distinction applies to financial firms. Depending on their activities and products, banks, insurers, asset managers and other financial firms are subject to sector-specific requirements including the Dutch Financial Supervision Act (Wft) and the Sustainable Finance Disclosure Regulation (SFDR).
The applicability of consumer-law sustainability claims rules must be assessed alongside these requirements. The target audience, financial product, nature of the claim and interaction between general and sector-specific requirements all matter. If in doubt, assess each product and each communication separately.
Reliable sustainability reporting is an important foundation, but does not guarantee that commercial sustainability claims are lawful.
What risks does your business face from incorrect sustainability claims?
Claims breaching unfair commercial practices rules may lead to regulatory supervision and enforcement. Depending on the infringement and applicable supervisory framework, administrative fines or orders subject to periodic penalty payments may apply.
Misleading claims may also have civil-law consequences where consumers, competitors or representative organisations rely on them or challenge a communication.
Revising packaging, websites and advertising campaigns can be costly, and reputational damage is another risk. It is better to assess claims proactively than wait for questions from a regulator, competitor or consumer.
What should your business check now?
Reviewing sustainability claims need not begin with a large compliance project. A focused inventory and legal risk assessment can identify the main priorities. Five steps provide a practical starting point.
Inventory your claims. Identify claims on websites, packaging, advertising, brochures, social media and product information, including images, labels, product names and future sustainability targets.
Determine the applicable rules. Distinguish consumer-facing from business-to-business communications and assess any sector-specific obligations.
Verify the evidence. Check whether claims are accurate, specific, current and verifiable, including supplier data and the scope of certificates.
Identify required changes. Prioritise prohibited practices, insufficiently substantiated claims, sustainability labels and existing packaging stock.
Assign responsibility. Decide who conducts legal reviews, manages evidence, approves publication and periodically reassesses claims.
The final step is often overlooked. Marketing usually develops communications, while the relevant data often come from production, procurement, sustainability teams or external suppliers. Without a clear review and approval process, claims may remain in use even when the underlying data, circumstances or legal requirements change.
What does this mean for your business and how can DUFINCO help?
The stricter rules do not mean that businesses must stop communicating about sustainability. They do mean that businesses must assess more carefully what they say, which legal requirements apply and whether their claims can be adequately substantiated.
This calls not only for changes to copy and packaging, but also clear internal responsibilities and a workable review process.
DUFINCO helps businesses determine applicable regulations, legally assess sustainability claims and translate legal obligations into practical measures.
With a targeted Sustainability Claims Quick Scan, DUFINCO inventories existing claims, assesses legal risks and identifies necessary changes. This helps ensure sustainability communication is consistent with applicable rules and the performance your business can actually demonstrate.
Contact us at info@dufinco.nl or +31 (0)6 512 47 217.
