Sustainability claims are important. As a company you want to be able to communicate what you have already achieved, and what your ambitions are to help our planet. As a consumer, you want to know exactly what the sustainable element of the product or service is. And you want to be able to trust that. Greenwashing is counterproductive.

There is movement on all fronts about sustainability claims. The ACM already had the Guideline Sustainability Claims with the five rules of thumb. And we now know: the ACM shows its teeth with risk of high fines if there is deception after all. 

Self-regulation has had a new Sustainability Advertising Code (CDR) (in Dutch) since Feb. 1, 2023. What is new is that the code now covers sustainability: both environmental claims and ethical claims, such as animal welfare and working conditions. The updated rules capture lines already laid out in the rulings. A few rules of thumb from the CDR and ACM guidance for your green claims: in the statement itself it must be made clear which aspect the sustainability refers to: environment, or for example animals? And also: if the claim only relates to one aspect, then that must be clear, if not, then the claim applies to the entire production process, and how to prove that .... Speaking of proof: CO2 claims are sensitive; 'CO2 neutral' has an (extremely) heavy burden of proof. CO2 compensation claims' must provide clear information about the independent project involved and the underlying calculations. Ambitions may be stated, provided they are realistically achievable, and with clear interim information. And of labels, the meaning for consumers must be clear. Comparisons also bring challenges: what is being compared to, one's own product or that of one or more competitors? It is essential to have evidence for this on the table before launching the campaign.

The Association of Advertisers (bvA) created the bvA Guide to Sustainability Claims (in Dutch) with six principles: honesty, evidence, information, life cycle, comparisons and compliance and a Checklist (in Dutch).

My tip: prepare sustainability claims thoroughly. Images, logos and colors also count. Make sure you hold solid, independent evidence. Get 'marketing' and 'legal' working together: cross-pollination helps! With many clients, we are looking over their shoulders.

Ebba Hoogenraad

30 March 2023