Greenwashing: liability and litigation risks in the Netherlands

Over the past decade, businesses have generally increased the use of green claims in their marketing materials as society's focus on topics such as sustainability and climate change has increased. However, research shows that also the number of false, misleading or vague green claims has increased. The terms “greenwashing” and “greenwashing claims” refer to such green claims. Furthermore, as a result of related liability and litigation risks, businesses are increasingly hiding their sustainability ambitions to avoid scrutiny from stakeholders and regulators or legal actions. This all results in various liability and litigation risks, affecting potentially all businesses.