Greenwashing Under Dutch Law: Legal Risks for International Businesses

Published on 3 October 2025 · Last updated 28 October 2026

Greenwashing is illegal under Dutch law when a sustainability claim misleads the average consumer. Since 16 July 2026, Dutch law also bans specific green claims outright, such as generic “eco-friendly” claims without proof and “climate neutral” claims based on offsetting (Article 6:193g Dutch Civil Code). The Netherlands Authority for Consumers and Markets (ACM) can fine up to 10% of turnover for those banned practices.

This page is for brands, manufacturers and retailers outside the Netherlands that sell to Dutch consumers or advertise in the Netherlands, and want to know which claims are now prohibited, who enforces the rules and what a claim costs if it goes wrong. Facing an ACM letter, a complaint or a claim about your marketing? Ask our product regulation attorneys in the Netherlands to review your claims before you respond.

Is greenwashing illegal in the Netherlands?

Yes, when it misleads consumers. A trader acts unlawfully towards a consumer if it uses an unfair commercial practice, and a misleading practice about environmental or social characteristics is unfair (Articles 6:193b and 6:193c Dutch Civil Code).

These rules implement the EU Unfair Commercial Practices Directive (Directive 2005/29/EC). Directive (EU) 2024/825, the “Empowering Consumers for the Green Transition” directive, added green claims to the list of practices that are misleading in all circumstances (Article 1 of Directive (EU) 2024/825). Member States had to apply those rules from 27 September 2026; the Dutch implementation has applied since 16 July 2026.

Two tests apply. Under the general test, a claim is misleading if it is factually incorrect or likely to deceive the average consumer, for example about environmental characteristics, durability, reparability or recyclability (Article 6:193c(1)(b)). Under the blacklist, certain practices are banned without any further test (Article 6:193g). The blacklist is where most companies get caught out, because good intentions are no defence.

Which green claims are banned outright since 16 July 2026?

Five green-claim practices are now misleading in all circumstances. They are banned regardless of whether a consumer was actually misled, and the ACM can fine them at the highest level (Article 6:193g, points ab to af).

Banned practice	Example	Article 6:193g
A sustainability label that is not based on a certification scheme and not established by a public authority	An in-house “green leaf” logo on packaging	point ab
A generic environmental claim without recognised excellent environmental performance relevant to the claim	“Eco-friendly”, “green”, “climate friendly” with no proof	point ac
An environmental claim about the entire product or business that only concerns one aspect	“Sustainable shoes” when only the box is recycled	point ad
A claim that a product has a neutral, reduced or positive greenhouse gas impact because of offsetting	“CO2-neutral delivery” based on bought credits	point ae
Presenting legal requirements as a distinctive feature of your offer	“Free of a substance” that is banned for all products anyway	point af

Claims about future environmental performance, such as “net zero by 2040”, are not banned, but they are misleading unless they rest on clear, public and verifiable commitments in a realistic implementation plan with measurable, time-bound targets, verified regularly by an independent third party (Article 6:193c(2)(d)). A target without a plan is therefore a legal risk, not just a reputational one.

Who enforces greenwashing rules in the Netherlands?

Three routes run side by side: the ACM enforces administratively, consumers and interest groups can sue in the civil courts, and the Advertising Code Committee (Reclame Code Commissie) handles complaints under the self-regulatory Dutch Advertising Code.

Route	Who starts it	Possible outcome	Legal basis
ACM enforcement	The ACM, often after signals or its own research	Order subject to a penalty, fine, public warning	Article 2.9 and 2.23 Whc
Civil proceedings	Consumers, foundations (collective action), competitors	Declaratory judgment, injunction, damages, rectification	Article 6:193j and 6:194 DCC
Advertising Code Committee	Anyone, including competitors and consumers	Recommendation to stop the advertisement	Dutch Advertising Code (self-regulation)

The ACM is the public supervisor for consumer protection rules, including the unfair commercial practices rules in the Civil Code (Article 2.2 Consumer Protection Enforcement Act). It can issue a public warning before it has established an infringement where that is needed to inform consumers quickly; a named company gets five working days’ notice (Article 2.23).

Is your marketing team about to launch a campaign with environmental claims in the Netherlands? Have the claims checked by a Dutch lawyer before they go live; changing a claim before publication costs a fraction of defending it afterwards.

How high are ACM fines for greenwashing?

For most consumer law breaches the ACM can fine up to EUR 900,000 or 1% of turnover, whichever is higher. For blacklisted practices under Article 6:193g, including the new green-claim bans, the maximum is EUR 900,000 or 10% of turnover (Article 2.15(1) and (2) Whc).

In a coordinated EU action under the CPC Regulation, the maximum is 4% of annual turnover in the Member States concerned, or 10% for blacklisted practices, and EUR 2 million if no turnover figures are available (Article 2.15(3)). The maximum doubles if, in the five years before the date of the report on the new infringement, an earlier fine for breaching the same or a similar provision has become final (Article 2.15(4)). Instead of, or alongside, a fine, the ACM can impose an order subject to a penalty payment (Article 2.9).

Can consumers and NGOs sue over green claims?

Yes. Consumers can claim damages and annul a contract concluded as a result of an unfair commercial practice, and the trader carries the burden of proving that its claims are accurate and complete where that is appropriate (Article 6:193j DCC). Interest groups can bring collective actions on behalf of consumers.

The leading case is the KLM judgment of the Amsterdam District Court of 20 March 2024 (ECLI:NL:RBAMS:2024:1512). In a collective action by the foundation Fossielvrij, the court declared fifteen KLM advertisements misleading and unlawful: those suggesting that flying is or can become sustainable, and those suggesting that buying or contributing to a “compensation” product actually reduces or offsets the climate impact of flying (para. 4.55 and the decision under 5.1). The court did not grant an injunction because KLM had already stopped those advertisements (para. 4.57).

The lesson for international brands is that the court looked at the overall impression of the campaign, not just at the wording of each line. That approach now overlaps with the statutory ban on offset-based neutrality claims in Article 6:193g(ae).

What applies to green claims towards business customers?

The consumer rules do not apply to business-to-business marketing, but Dutch law has a separate rule against misleading advertising towards businesses. A public statement about your goods or services that is misleading, for example about their composition or characteristics, is unlawful towards another business (Article 6:194 DCC).

If a business brings such a claim, the advertiser must prove that the facts in its statement are correct and complete, and it is liable for the resulting loss unless it proves that the breach is not its fault (Article 6:195 DCC). Competitors use this route most; see our page on greenwashing by competitors in the Netherlands. In supply contracts, sustainability warranties are a matter of contract; our page on legal advice on ESG in the Netherlands covers that wider context.

What happened to the EU Green Claims Directive?

It is still a proposal. The Commission proposed a Green Claims Directive in 2023 (COM(2023) 166) to require prior substantiation and verification of explicit environmental claims, but on 28 October 2026 no directive has been adopted, so it creates no obligations.

Older texts, including earlier versions of this page, said the Green Claims Directive would apply from March 2026 to all companies with more than 10 employees. That was never adopted law. The binding rules today are the Civil Code provisions above, which implement Directive (EU) 2024/825.

How do you make a green claim that holds up in the Netherlands?

Make the claim specific, prove it before you publish, and avoid the blacklisted formats. Under Article 6:193j the burden of proof can move to you, so the evidence file should exist on the day the claim goes live.

List every environmental claim in use in the Netherlands: packaging, website, social media, sales material and product names.
Remove generic terms such as “green”, “eco” or “sustainable” unless you can show recognised excellent environmental performance relevant to the claim (Article 6:193g(ac)).
Remove any “climate neutral” or “CO2-compensated” product claim that relies on offsetting (Article 6:193g(ae)); you may still describe your actual offset purchases factually.
Check every sustainability logo: is it based on a certification scheme or set up by a public authority (Article 6:193g(ab))?
For future targets, publish the implementation plan and arrange independent verification (Article 6:193c(2)(d)).
Keep a dated evidence file per claim, so you can respond within days to the ACM, a court or a competitor.

Practical example: a US apparel brand selling online in the Netherlands

Suppose a US apparel brand sells through its Dutch-language web shop. Its product pages carry a “conscious” logo the brand designed itself and the line “carbon neutral shipping”, based on offset credits bought by its logistics provider.

Since 16 July 2026 both elements are on the blacklist: the logo is a sustainability label not based on a certification scheme (point ab), and the shipping claim relies on offsetting (point ae). The brand removes the logo, rewrites the shipping text to describe the actual measures, and documents the evidence for its remaining claims. If the ACM had acted first, the maximum fine would have been EUR 900,000 or 10% of turnover, whichever is higher (Article 2.15(2) Whc).

When do you need a Dutch lawyer for greenwashing issues?

Before a campaign launches in the Netherlands, when the ACM sends a letter or announces an investigation, when an NGO or consumer foundation threatens a collective action, and when a competitor demands that you withdraw a claim.

MAAK Advocaten in Amsterdam reviews green claims against the Dutch Civil Code, responds to the ACM, files objections (bezwaar) against enforcement decisions and acts in civil proceedings in first instance and on appeal. For product-related obligations, see our overview of product compliance in the Netherlands and our page on CSRD reporting in the Netherlands. Speak to a product regulation attorney in the Netherlands about your claims.

Frequently asked questions about greenwashing under Dutch law

Is greenwashing a criminal offence in the Netherlands?

Misleading green claims are mainly dealt with under civil and administrative law. The ACM can impose fines and orders subject to a penalty (Articles 2.9 and 2.15 Consumer Protection Enforcement Act), and consumers and competitors can sue in the civil courts.

Can I still call my product “climate neutral” in the Netherlands?

Not if the claim relies on offsetting greenhouse gas emissions. Since 16 July 2026 that is a misleading practice in all circumstances (Article 6:193g(ae) Dutch Civil Code).

What is the maximum ACM fine for a banned green claim?

EUR 900,000 or 10% of the trader’s turnover, whichever is higher, for practices on the blacklist of Article 6:193g. For other consumer law breaches the maximum is EUR 900,000 or 1% of turnover (Article 2.15 Whc).

Does the Green Claims Directive apply in 2026?

No. It is still a Commission proposal (COM(2023) 166) and has not been adopted. The applicable rules are the Dutch Civil Code provisions implementing Directive (EU) 2024/825.

Who must prove that a green claim is correct?

Usually the advertiser. In consumer cases the court can put the burden of proof on the trader (Article 6:193j(1)); in business-to-business cases the advertiser must prove the facts in its statement (Article 6:195(1) DCC).

Primary sources

Dutch statutes are only officially available in Dutch, on wetten.overheid.nl. Judgments can be found on rechtspraak.nl by their ECLI number. Legal position checked on 28 October 2026.