Greenwashing: Liability And Litigation Risks In The Netherlands

I Introduction: what is 'greenwashing'?

1. Over the past decade, businesses have generally increased the use of green claims¹ in their marketing materials as society's focus on topics such as sustainability and climate change has increased. Also, various research shows that the number of false, misleading or vague green claims has therefore increased. According to an impact assessment by the European Commission in 2022, 53.3% of all green claims contain vague, misleading or unsubstantiated information and 40% of all green claims made by businesses in the EU have no supporting evidence.²
2. Greenwashing is not yet a fixed or legally defined concept in EU or Dutch legislation but merely described in practice as businesses capitalizing on green claims that cannot be substantiated or do not have a factual or scientific basis. In this context, green claims are considered claims on businesses, products and services that may suggest or create the impression that