The Danish Consumer Ombudsman publishes new recommendations to help businesses avoid greenwashing claims

The recommendations incorporate relevant information on the EU's amendment of the Unfair Commercial Practices (UCP) Directive, which comes into effect on September 27, 2026, and aims to combat misleading green claims. Finally, the recommendations also provide a series of illustrative examples of both legal and illegal marketing practices involving green claims.

The new recommendations replace the Consumer Ombudsman’s quick guide for businesses on environmental marketing originally published in 2021.

Notable differences and updates in the new recommendations

Liability and pre-approval

Companies can request a pre-approval from the Consumer Ombudsman for specific, planned marketing. The pre-approval, which was not part of the 2021 guide, allows companies to obtain an assessment of the legality of their marketing before its launch.

This process has been introduced to increase security for companies, as pre-approval can protect them from later sanctions for misleading claims, thereby strengthening their confidence in environmental marketing.

More focus on sustainability claims and emissions of greenhouse gases

The recommendations contain specific guidelines and examples on how companies must document sustainability and CO₂ offset claims. While the 2021 guide only briefly mentioned CO₂ offsetting, this area is now updated with precise documentation requirements and details on how to present claims without being misleading.

Adaption to new EU legislation

The 2024 guidelines specifically address changes in EU legislation, including the upcoming ‘Green Claims Directive’, expected to take effect in 2026.

This directive aims to harmonize environmental marketing requirements across EU countries to reduce the risk of greenwashing. Unlike the 2021 guide, which did not mention this harmonization, the 2024 guidelines prepare companies for upcoming changes in both national and EU standards.

Detailed examples of legal and illegal marketing

To help companies navigate the regulations, the 2024 guidelines include a range of illustrative examples on how to legally use both specific and general environmental claims. These examples show exactly what the Consumer Ombudsman considers lawful and unlawful marketing practices and illustrate how companies can present environmental benefits without risking sanctions for misleading claims.

An essential update for businesses planning to use environmental marketing, green claims, and sustainability advertising

In conclusion, the Danish Consumer Ombudsman’s new recommendations for environmental marketing provide a valuable resource for businesses. Although these recommendations are tailored for Danish businesses, their alignment with EU legislation means companies across Europe can draw valuable lessons from them.

As EU member states are expected to implement harmonized standards, Denmark’s approach offers insights that can help businesses in other countries ensure compliance with the coming regulatory landscape.

Our team specialises in helping businesses avoid greenwashing claims and is here to advise on how you can use green and environmentally focused claims in your advertising to ensure your marketing remains compliant. If you would like to talk to one of the team, please contact us today.

If this is a topic you are interested in, these additional reference sources may be useful:

• Rapport (recommendations 2024)
• Rapport (quick guide from 2021)
• Forbrugerombudsmanden offentliggør anbefalinger til virksomheder om miljømarkedsføring (press release)