As global regulatory scrutiny around sustainability claims intensifies, greenwashing remains a pressing legal and reputational risk for companies, not to mention a growing focus for law firms. Recent reports reveal that Danish law firms are experiencing a surge in client demand for legal advice on green marketing, ESG documentation, and sustainability strategies.
In June 2025, Royal Unibrew agreed to pay a DKK 4 million fine after the Danish Consumer Ombudsman found that the company had violated the Marketing Practices Act by using misleading environmental claims on several of its soft drink products. Terms like “CO₂-compensated” were used without sufficient documentation or clarification. This gave consumers the impression that the products had no climate impact.
The case marks one of the largest fines for greenwashing in Denmark to date and has already prompted many companies to seek legal advice on how to ensure that sustainability claims meet regulatory expectations. As several Danish law firms have noted, the case reflects a broader shift away from green marketing simply being a communications exercise to becoming a matter of legal compliance and risk management.
This development aligns with the issues we explored in our earlier article, Greenwashing: A Persistent Challenge to Achieving Sustainability, where we noted that companies must be prepared to back up their sustainability claims with evidence, not just good intentions.
Now, as Danish law firms ramp up their ESG teams, it’s clear that greenwashing is no longer just a reputational concern. It is a legal risk with tangible and potentially hugely expensive consequences, driven by stricter EU regulation, enhanced enforcement, and increasingly sustainability-literate consumers.
A LEGAL TURNING POINT FOR SUSTAINABILITY CLAIMS
The surge in legal demand signals a legal turning point for how businesses approach their communications around sustainability. No longer can companies rely on vague or aspirational claims without evidentiary backing. Legal teams are being asked to audit marketing campaigns, review ESG disclosures, and assess the substantiation behind environmental statements.
This shift is accelerated by increased enforcement from consumer protection authorities across Europe. The Danish Consumer Ombudsman has already taken a firm stance on greenwashing, emphasising the need for documentation and clarity in environmental claims. Across the EU, regulators are coordinating efforts to tackle misleading climate-related statements, especially in sectors like fashion, food, and cosmetics.
WHAT THIS MEANS FOR BUSINESSES
For businesses, the message is clear: Sustainability claims must be specific, substantiated, and compliant with legal standards. This includes:
- Avoiding vague language like “eco-friendly,” “climate neutral,” or “green” unless supported by verifiable data.
- Ensuring claims align with actual performance metrics, third-party certifications, or lifecycle analyses.
- Preparing for increased documentation and legal reviews of ESG reports and marketing strategies.
As law firms ramp up their ESG competencies, clients should consider proactive legal audits of their green claims to avoid the risk of enforcement, fines, and reputational damage.
LOOKING AHEAD
With the Green Claims Directive expected to take effect soon and expectation that the EU will soon tighten its sustainability regulations, greenwashing enforcement is no longer hypothetical. Potter Clarkson is at the forefront of this fast-evolving legal frontier, offering strategic counsel that blends marketing, environmental law, and regulatory compliance.
If you have any concerns about how you are communicating your products’ true sustainability credentials, please contact our dedicated FMCG team today.
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