Sweden

Relevant legislation or guidelines

• The Swedish Marketing Act (2008:486), especially: Section 5 on generally accepted marketing practices; Section 8 & 10 on misleading marketing; and Section 18 on comparative advertising.
• The Swedish Consumer Agency’s Thematic Memo: Green claims about climate compensated products in marketing.
• The Nordic Consumer Ombudsmen's guidance on Use of ethical and environmental statements in the marketing.
• ICC Advertising and Marketing Communications Code.
• ICC Framework for responsible environmental marketing communications.

Is there any upcoming relevant legislation or guidelines?

There is no upcoming legislation or guidelines that we are aware of. However, since the matter of green claims will likely come to receive a lot of attention from the Swedish Consumer Agency, it is also likely that new case law will occur.

Who are the responsible authorities or bodies?

• The Swedish Consumer Agency.
• The Swedish Consumer Ombudsman (Sw. Konsumentombudsmannen).
• The Swedish Advertising Ombudsman (Sw. Reklamombudsmannen)(self-regulatory body).

What are the enforcement measures?

• The Swedish Consumer Agency can initiate supervisory measures.
• Any unlawful green claims may result in trader being prohibited from continuing with such marketing which can be combined with a fine.
• A trader may also be ordered to pay a market disruption fee amounting to a maximum of SEK 5 million.
• A trader may, after an action, be sentenced to compensate for the damage that arises for a consumer or another trader.
• Decisions by the Advertising Ombudsman as a result of notifications to the self-regulatory body will be published on reklamombudsmannen.org. The decisions are to be seen as guidance in what is good marketing practice and advertisers are expected by the market to follow the decisions (so they are not an enforcement measure as such).

Who can pursue infringements?

• The Swedish Consumer Agency can initiate supervisory measures and proceedings ex officio.
• Any party affected by greenwashing (e.g. a consumer or a trader) can submit a complaint to the Swedish Consumer Agency.
• Any party affected by greenwashing (e.g. a consumer or a competitor) can bring a civil action before the competent civil court.

What are the general rules of thumb for green claims?

• A green claim must be factual and truthful and not misleading to the consumer.
• A green claim is assessed on the basis of the average consumer's overall impression of the marketing.
• A green claim should be able to prove the average consumer's impression of marketing, not just what trader intend to convey.
• A green claim should be clear, unambiguous and substantiated.
• No important information should be hidden or omitted.
• If the green claim is not clear and unambiguous, it must be specified.
• The specification of a green claim must be in the immediate proximity of the claim.
• Comparisons should be fair and meaningful.
• There are high evidentiary requirements for green claims.
• The full life cycle should be considered.

Do green claims need to be substantiated by evidence?

Yes. Green claims must be supported by factual evidence that can be verified.

In case the green claims are challenged before the competent authorities or bodies, the evidence must be provided.