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ARTICLE · 19 APRIL 2024

Recent Legal Developments Relating To Misleading Advertising And Green Claims

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Pursuant to Dutch law, any advertising statement should be factually accurate and should not be capable of misleading the average consumer.

NetherlandsMedia, Telecoms, IT, Entertainment
Klaas Van Der Graaf
Klaas Van Der Graaf
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Introduction
This article is intended to provide a brief summary of the Dutch legal regime regarding misleading advertising and the contents of the EU's recent Greenwashing Directive and Green Claims Directive (as defined hereafter), which are expected to enter into force later this year.

General Dutch rules related to misleading advertising
Pursuant to Dutch law, any advertising statement should be factually accurate and should not be capable of misleading the average consumer. This follows from Article 6:193c Dutch Civil Code (DCC) which contains a list of characteristics which, if presented inaccurately or misleadingly, can lead to a tort claim by a consumer based on unfair market practices. An omission of essential characteristics of a product can also lead to a tort claim by a consumer based on unfair market practices (Article 6:193d DCC). These statutory provisions are implemented into Dutch law from Directive 2005/29/EC (as amended through

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