Environmental claims influence customers’ choices, relationships with business partners and investors’ assessment of a company. However, a slogan featured on packaging, a website or in an advertising campaign may become the subject of proceedings by the Office of Competition and Consumer Protection (UOKiK), a dispute with a competitor or a consumer complaint. A company should be able to explain what the message refers to, what data it is based on, and whether the data presented is still up to date. The reliability of this data is also important when selling the company and securing financing. We explore this topic further in an article on ESG in international transactions, the CSRD and investor expectations.
Greenwashing – what is it, and when does a legal risk arise?
Greenwashing is the practice of communicating the positive environmental impact of a product, service or an entire company in a way that creates a broader, stronger or more certain impression than the available data justifies. The risk may stem from the wording, graphics, colour, symbol, product name or the way in which a certificate is presented. It may also arise from the omission of information needed to properly assess the message.
The Act of 23 August 2007 on combating unfair market practices links unfairness to a breach of the requirements of professional diligence and a significant distortion, or the potential for distortion, of the market behaviour of the average consumer. The assessment covers the entire message, including the product’s characteristics, how it is manufactured, its environmental impact and the information needed to make a decision. What the trader has failed to say also matters if the omitted information is necessary for the consumer and the presentation is unclear, ambiguous or provided too late.
Liability may also arise even if the trader did not intend to mislead the consumer. A consumer may demand that the practice be discontinued, that its effects be remedied, that a statement be issued, that damages be paid, or that the contract be rescinded. In a dispute, it is the trader who must prove that the communication was not misleading.
Greenwashing in 2026 – which regulations are relevant?
Polish legislation and UOKiK procedures
The Act of 16 February 2007 on the Protection of Competition and Consumers prohibits practices that infringe the collective interests of consumers. This includes, amongst other things, breaches of information obligations, misleading statements and unfair advertising. Therefore, an environmental campaign aimed at a broad audience may become the subject of proceedings by the Office of Competition and Consumer Protection (UOKiK), irrespective of any individual claim.
The President of the Office of Competition and Consumer Protection (UOKiK) may find that an infringement has occurred and order the practice to be discontinued. Even after a campaign has ended, the authority may issue a decision declaring that the previous action infringed the collective interests of consumers. Such a decision may influence future communications, the manner in which the consequences are remedied, and the assessment of subsequent campaigns.
In relations between businesses, the Act of 16 April 1993 on Combating Unfair Competition is of significance. It covers advertising that is unlawful, contrary to public policy or misleading to the customer, if it is likely to influence a decision to purchase goods or services. This framework protects the interests of businesses and may operate in parallel with consumer protection legislation, for example where a competitor gains an advantage through an unsubstantiated environmental claim.
Directive (EU) 2024/825
Directive (EU) 2024/825 amends Directive 2005/29/EC on unfair commercial practices and Directive 2011/83/EU on consumer rights. It is not a Polish law, but sets out the direction of changes which Member States are to transpose and apply from 27 September 2026. It covers text, graphic and symbolic communications attributing to a product, service or undertaking a beneficial, zero or lower environmental impact, as well as claims regarding improved performance or future commitments.
The Directive restricts the use of general terms such as „environmentally friendly”, „eco-friendly” or „green” where a business cannot demonstrate recognised high environmental performance. Risks also arise in relation to private labels without a transparent certification system, and where a characteristic confirmed only in relation to a part of a product is attributed to the product as a whole. Declarations of carbon neutrality or emission reductions based solely on off-chain offsetting are regulated separately. A legal obligation should not be presented as a particular advantage of an offer.
Examples of greenwashing in corporate communications
The terms „eco-friendly”, „green” or „climate-friendly” may be interpreted as an assessment of the entire product and its entire life cycle, even if the business was referring to a single raw material, a specific stage of production or the packaging. A green colour, a leaf on the label or a company’s own eco-label do not replace a description of the criteria and an independent basis for the claim.
A similar risk arises with claims about recycled packaging if they suggest that the entire product is made from recycled material. The problem also arises with the phrase „climate-neutral delivery” when a company does not reduce emissions within its supply chain but purchases carbon offsets from outside the value chain. The advert should specify the scope of the claim, the calculation method and the role of carbon offsetting.
The statement „30 per cent fewer emissions”, without a base year, calculation limits, reference units or methodology, does not allow the result to be assessed. A reduction in total emissions is different from a reduction in emissions intensity per unit of product. The advert should explain which indicator has changed and over what period.
A separate risk arises when a company presents a statutory obligation as a voluntary distinction. The assessment covers the entire message, including footnotes, photographs, labelling, the order of information and the mobile version of the website. The Office of Competition and Consumer Protection (UOKiK) may examine the basis for environmental claims, the way in which comparisons are presented, and the significance of green graphics and omitted information.
How can a company prove its environmental claims?
Theorem sheet and documentation
Every eco-declaration should include a statement sheet. The document should contain the exact wording of the statement, the product or service, the scope of the declaration, the period of validity, the calculation method and limits, data sources, the base period, assumptions, the unit of measurement and the person responsible for approval.
The data sheet must be accompanied by certificates, supplier declarations, test results, audit reports and an audit trail enabling the results to be verified. The documentation should specify the date of approval, the version of the material and the date of the next review. An update is required following any change to the product, process or supply chain. Advertising based on an outdated certificate may lose its validity, even if the document was correct on the date of its initial publication.
When comparing emissions, it is necessary to specify the scope of the data, the unit of reference, the boundaries of the calculations and the comparison period. A distinction must be made between a reduction in total emissions and a reduction in emissions intensity per unit of product. Consumers should not have to guess for themselves whether a company has reduced its environmental impact or has merely changed the way it is calculated.
Environmental certificates and labels
A business should check whether the mark being used is a public label, a certificate based on transparent criteria, or a private symbol created for the purposes of a campaign. In the case of a private label, it is necessary to assess the legal basis, the rules for awarding the label, the independence of the verification process and the availability of information to the consumer. Internal documentation should explain why a particular claim is proportionate to the evidence. Such documentation makes it easier to respond to enquiries from a regulatory body, a competitor or a consumer. When using proprietary labels, it is also worth ensuring that the rights to the name and logo are protected in the markets where the company operates. This is a separate issue, which we discuss in the article on international protection of intellectual property.
Greenwashing – what penalties and consequences could a company face?
The consequences of greenwashing include a cease-and-desist order, rectifying the effects of the infringement, publishing a statement, amending the advert, consumer claims and a dispute with a competitor. The company may also incur costs associated with recalling packaging, conducting retests, changing materials and preparing a new campaign.
In the circumstances provided for in the Act on Competition and Consumer Protection, the penalty imposed on an undertaking may amount to 10 per cent of the turnover achieved in the year preceding the year in which the penalty is imposed. The Act also provides for a personal penalty of up to PLN 2,000,000 for a director. Factors taken into account when determining the severity of sanctions include, amongst others, the duration, scope and effects of the infringement, the benefit derived, previous infringements, remedial measures and cooperation with the authority. Prompt rectification does not negate a previous infringement, but may be taken into account when assessing the undertaking’s response.
Claims by consumers and competitors
In civil proceedings, a consumer may invoke the Act on Combating Unfair Market Practices. A competitor, on the other hand, may rely on the Act on Combating Unfair Competition and demand, amongst other things, that the conduct cease, that the consequences be remedied, that a statement be made, or that damages be paid, provided that the conditions for the claim in question are met.
Sales in Poland, Germany and other EU countries
A campaign run in Poland, Germany and other EU countries requires an assessment of the target market, the language of the communication, sector-specific regulations and the recognition of certificates. Each language version should describe the same product, method, period and scope of calculations. Data must be consistent across the Polish and German websites, in marketplace materials, on packaging and in the ESG report. The review should also cover channels operated by distributors.
When selling via a marketplace, the terms of cooperation with the platform operator are also important. We discuss disputes over access to this sales channel, including those in Polish-German relations, in an article on the suspension of a seller’s account on the marketplace platform.
Pre-publication communication checks – what should a company check?
Prior to publication, the company should establish the scope of each environmental claim, its evidence base, the data owner and the date of the last update. The review should cover all material, including the headline, graphics, footnotes, comparisons, terms and conditions, and the mobile version. It is necessary to check whether the reader correctly understands the statement and can easily identify its limitations.
The decision to publish must be recorded together with the approved version of the material and the evidence used. The approving person, the date of the review and the date of the next review must also be specified. The register facilitates responses to enquiries from the regulatory body and reduces the risk of using out-of-date entries.
The International Law Practice analyses eco-claims, advertisements and supporting documentation before a campaign begins. Please do not hesitate to contact us for a consultation or an analysis of your planned marketing communications in the Polish, German and EU markets.
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