Denmark

Relevant legislation or guidelines

Legislation:
The Danish Marketing Act, in particular:

Sections 5 and 6 regarding misleading actions and omissions.

Section 13 regarding the obligation on the advertiser to be able to document and verify about factual circumstances.

Section 21 regarding comparative advertising.

Guidelines:
The Danish Consumer Ombudsman’s guidelines on green marketing.

Guide on the use of environmental and ethical standards:
Rapport (forbrugerombudsmanden.dk)

Quick guide for businesses on environmental marketing:
Rapport (forbrugerombudsmanden.dk)
 

Is there any upcoming relevant legislation or guidelines?

In response to the growing number of complaints regarding the unlawful use of green advertising, the Danish Consumer Ombudsman is taking action by reviewing and updating its quick guide for businesses on environmental marketing.

The revised draft of this guide is currently undergoing consultation with various environmental organizations.

There is no upcoming legislation.

Who are the responsible authorities or bodies?

The legislator (new legislation)

The Danish Consumer Ombudsman (supervisory authority)

The judiciary (legal disputes).

What are the enforcement measures?

The supervision by the Danish Consumer Ombudsman is based on the negotiation principle of The Danish Marketing Act. If a satisfactory result cannot be achieved through negotiation with the company, the Danish Consumer Ombudsman may take legal action and also issues its own judgments.

The Danish Consumer Ombudsman may also issue a ban or injunction, which there has been several examples of in terms of the use of unlawful environmental claims.

Any unlawful green marketing can also result in a fine, if the ban or injunction has been disregarded.

The maximum fine level is 4 pct of the total annual turnover in the Member States concerned. If information regarding the company’s turnover is unavailable, the maximum fine is EUR 4 million.

In July 2023 it was decided that serious and systematic offences on the prohibition of misleading and aggressive marketing can be punishable by imprisonment of up to 4 months.

Furthermore, between 2022 and 2025, an additional DKK 7 million has been allocated annually to the Danish Consumer Ombudsman to strengthen their oversight of companies' green marketing practices.

Who can pursue infringements?

Any party affected by greenwashing, e.g. a consumer or a company, may submit a complaint to the Danish Consumer Ombudsman.
Any party affected by greenwashing, e.g. a consumer or a company, may bring a civil action before the competent judicial authority.
The Danish Consumer Ombudsman may also take up cases ex officio.

What are the general rules of thumb for green claims?

Sustainability claims must meet the general criteria from the Danish Marketing Act, i.e. the prohibition against misleading advertising and any green marketing must always be documented.
In the guidelines from the Danish Consumer Ombudsman, there is a distinction between general and concrete statements.

General statements are summary positive statements about the practices of the company, e.g. that the company is "green", "climate friendly", "environmental" or "sustainable". Such statements must be documented if the company does not explain what is meant by the general statement.

Concrete statements are about specific services or goods, for example that a product is CO2 neutral. These statements are easier to document, as they relate to specific services or goods.

The company must document such statements.

Do green claims need to be substantiated by evidence?

Pursuant to the Danish Marketing Act section 13, companies must be able to document and verify statements about factual circumstances.

The Danish High Court has recently, in March 2024, passed judgement in a case where Danish Crown, a big Danish food company, had used the statement “Climate-controlled pig”.

The High Court found that the statement was in violation of the Danish Marketing Act section 5 on misleading marketing, as the statement was verified by sufficient evidence.

Danish Crown had also used the statement “A Danish pig is more climate-friendly than you think”. The High Court concluded that the statement did not violate section 5 of the Danish Marketing Act, as it was adequately substantiated by evidence. Therefore, Danish Crown was acquitted of all claims related to this statement.

The judgement emphasizes that it is crucial to ensure that green statements used in marketing is sufficiently substantiated with evidence.

The judgment has been appealed to the Danish Supreme Court.