New rules on sustainability labels and environmental claims will enter into force in Denmark on 27 September 2026. The rules tighten the requirements for green marketing and will affect companies that use green labels, symbols and claims in their marketing.
From 27 September 2026, the requirements for companies’ green marketing will be significantly tightened. This applies in particular to the use of sustainability labels, generic environmental claims and claims regarding future environmental performance.
The new rules implement the Empowering Consumers Directive into Danish law and mean that companies should review their use of green labels, symbols and environmental claims in their marketing.
Stricter requirements for sustainability labels
Under the new rules, it will be prohibited to use sustainability labels that are not based on a certification scheme or established by public authorities.
A sustainability label is not limited to an official environmental label. It may also consist of symbols and/or wording intended to highlight a product, process or company by reference to environmental or social characteristics.
This means that many elements currently used by companies in their marketing may fall within the scope of the rules. Examples include proprietary logos, icons, symbols, hangtags, packaging labels and similar elements that directly or indirectly refer to environmental or social characteristics.
Companies should pay attention to context and design
Whether a label falls within the scope of the rules will depend on its specific design and the context in which it is used. A visual element that appears to be merely decorative in one context may, in another context, be perceived as a sustainability label.
If an element is considered a sustainability label, it must either be based on a certification scheme that meets the applicable requirements or be established by public authorities. If this is not the case, its use may be unlawful.
The new rules also tighten the requirements for generic environmental claims
The new rules also introduce stricter requirements for generic environmental claims. This applies to generic claims such as “green”, “environmentally friendly”, “climate-friendly” and similar claims, meaning that companies will need to pay particular attention to whether such claims may be used under the new rules. In addition, new requirements will apply to claims concerning reduced greenhouse gas emissions and claims regarding future environmental performance.
Non-compliance may result in fines
If a label is considered a sustainability label but does not meet the requirements applicable to certification schemes, or if generic environmental claims are used in breach of the requirements of the Danish Marketing Practices Act, this may give rise to a real risk of fines.
To reduce the risk of non-compliance, companies should therefore assess whether their existing labels and claims can continue to be used from 27 September 2026.
The content of this article is intended to provide a general guide to the subject matter. Specialist advice should be sought about your specific circumstances.
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