How far can you go with green marketing?

How far can you go with green marketing? 

“Sustainable”, “eco-friendly”, “ecological”, “carbon-neutral”, “good for the planet”. These words sell products, attract investors, and strengthen corporate reputations, but they also attract regulators.

Greenwashing occurs when companies exaggerate or falsely imply environmental benefits in order to mislead consumers. The FPS Economy has reported that in a recent European survey, 42 % of inspected websites displayed unfair practices, often involving vague or unverified environmental claims. 

Misleading strategies may for instance include:

• the use of misleading imagery (green packaging, leaves, or symbols suggesting environmental neutrality), 
• self-created eco labels designed to resemble official certifications, or 
• the highlighting of irrelevant ‘green’ actions that distract from the actual environmental impact of a product or service.

Such practices may result in administrative fines of up to € 80,000, which can be increased by aggravating circumstances.

• The Economic Inspection sanctioned a transport operator (Flixbus) whose Belgian website displayed unsubstantiated claims such as “climate-friendly”, “the most environmentally friendly transport option”, an incorrect CO2-compensation program and promoting a services not even available in Belgium. When the company refused to amend the content, Belgian authorities coordinated with their German counterparts, leading to a February 2025 decision by the German Federal Court of Justice ordering removal of the misleading claims.

• In another initiative, the Economic Inspection and 16 partner regulators issued a joint open letter to the aviation sector, urging companies to review their marketing and ensure environmental claims are accurate, transparent, and legally compliant. The call, launched through the International Consumer Protection and Enforcement Network (ICPEN), stressed that airlines must not exaggerate small improvements or present long-term goals, such as ‘climate neutral by 2050’ as current achievements.

These national developments anticipate the EU Green Claims Directive and the Directive on Empowering Consumers for the Green Transition (transposition into national law by 27 March 2026). It is nonetheless worth noting that the European Commission announced on 20 June 2025 its intention to withdraw the draft Green Claims Directive, so its future is uncertain. Nevertheless, even in the absence of a dedicated Green Claims Directive, authorities and courts are increasingly relying on the Unfair Commercial Practices Directive (UCPD) to address misleading sustainability statements, framing greenwashing as a form of deceptive commercial practice.

How can you act?

1. Audit contracts: verify that sustainability undertakings and certifications are specific, factual, and enforceable.
2. Review advertising policies: substantiate every environmental claim with reliable, scientifically verifiable evidence.
3. Educate marketing and sales teams: ensure alignment between legal, ESG, and communication departments.

Environmental claims must be clear, true, and precise. Avoid too vague terms, avoid exaggeration, and ensure that visuals and symbols do not mislead. Above all, base your statements on verified data and transparent context.

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