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Another police report for misleading sustainability marketing

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Do you call your business or product sustainable? Then watch out! This has landed BMW Denmark in trouble.



The Danish Consumer Ombudsman has today reported BMW to the police for misleading marketing about sustainability. The photo is from the Consumer Ombudsman’s website.

In recent months, the Consumer Ombudsman’s criticism of greenwashing and misleading marketing has caused much debate and uncertainty among Danish companies. Today, BMW Denmark has been reported to the police for marketing itself as the world’s most sustainable car manufacturer.

These cases show that companies need to be extremely cautious about using vague and unsubstantiated statements such as ‘sustainable’, ‘eco-friendly’ and ‘green’ in their communications.

Misleading marketing can have serious consequences for businesses. As well as undermining consumer confidence, it can lead to lawsuits, police reports and reputational damage.

Proving that you are the world’s most sustainable in your industry is exceptionally difficult, as it also requires both thorough and reliable data from your competitors and their subcontractors. This is the trap that BMW Denmark has fallen into.

Document your sustainability

A crucial factor in avoiding misleading marketing is documentation. Companies should be able to substantiate the claims they make about their sustainability efforts. This may include life cycle assessments, independent certifications or external assessments of company practices. By having concrete and reliable data, companies can back up their claims and avoid casting doubt on their honesty.

Credible communication about sustainability and ESG is essential to build trust with consumers if you want to truly support the green transition. When companies market themselves as sustainable, they need to document and substantiate their claims. If companies use sustainability as part of their strategic communication or marketing, consumers have a right to know what companies are actually doing to promote sustainability. By being open about their efforts and using accurate information, companies can avoid consumers feeling misled and instead build trust around their green initiatives.

Need for international coordination

While it’s important to have clear rules and guidelines at a national level, a coordinated approach across borders is also necessary. Harmonizing rules and standards for sustainability marketing at the EU level can help Danish companies avoid competitive disadvantages. By establishing common guidelines for sustainable marketing, we can ensure that companies operate under a level playing field and avoid unnecessary uncertainty.

On the one hand, Danish companies are at a disadvantage in international competition if they only have to comply with the Consumer Ombudsman’s requirements, but on the other hand, it can be an advantage for Danish companies if the Consumer Ombudsman’s strict requirements become internationally known. In some cases, it can be worth using in communication.

We have previously written about the Consumer Ombudsman’s greenwashing allegations creating legal uncertainty in Børsen.

Still not sure if your sustainability communication complies with the law?

As a PR agency with a focus on sustainability and ESG communication, we can help companies navigate this complex landscape and ensure their messages are credible and transparent.

If you are unsure whether your company is in violation of the Danish Marketing Practices Act, let’s have a non-binding conversation on +45 4142 3635 or mark@kempkjaer.dk. We can help you assess how to communicate without breaking the law, and when in doubt, we work with lawyers who know the issues inside out.

How to get press coverage of your ESG report without a shitstorm

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In 2024, ESG (Environmental, Social, Governance) reports will become mandatory for large companies in the EU. But ESG reports create both opportunities and risks for good and bad press, so how do you communicate the results to the press? Here are three tips.



You have to be careful, but it is possible to get positive press on your ESG report even if you are a black company. The first step is to be brutally honest about it. Photo: Zhang QC, Unsplash.

In the wake of the Consumer Ombudsman’s injunction on sustainable communication, many companies are facing a challenge: How to communicate ESG results with PR in the press so that they are received positively by the market and without the risk of greenwashing accusations?

Note: ESG is about more than climate, but climate is used as an example throughout the post for better readability.

In 2022, the Consumer Ombudsman issued greenwashing injunctions to a large number of companies, as they believed that the companies were violating the Marketing Act through their sustainability communication. Most companies did have sustainability initiatives, but they overused the words in their marketing to a degree that didn’t match their efforts.

At its core, the Consumer Ombudsman is based on the Brundtland Report’s interpretation of the word sustainability, which in short means that a company’s activities must not harm future generations. This means that the company must be at least carbon neutral in its operations (which is just one of many areas) – and that’s virtually impossible without planting trees or buying carbon credits.

Read how our PR agency helps with sustainability communication.

It’s a strict interpretation that means that a lot of companies are currently breaking the marketing law even though they haven’t received an injunction.

There are two main areas where companies are breaking the law:

1) They use terms such as “sustainable”, “eco-friendly” and “green” in their marketing, which according to the Consumer Ombudsman is far too general and imprecise (a car manufacturer that has cut CO2 emissions by 50% does not mean that consumers can drive “green”).

2) They don’t have third-party evidence to back up their claims. For example, if you have been awarded a Nordic Swan Ecolabel, you can market it. But it’s forbidden to slap a generic term like “sustainable” on your face cream.

Avoid the pitfalls of ESG report communication

We are in a time when corporate responsibility and sustainability must not only be practiced, but also demonstrated and there is an obligation to communicate it. ESG reports are a key tool for this, but also bring challenges.

If you’re a greentech company, our PR agency package may be able to help you.

The Consumer Ombudsman’s sustainable communication mandate requires more than just sustainability claims. Companies now need to substantiate their claims and avoid ‘greenwashing’. So how can your company adapt to these new requirements and how can a PR agency help communicate your ESG reports in a credible and effective way?

1) Understand the ESG reportBe aware of whether the company has prepared a thorough and complete ESG report and any gaps and areas of weakness. One option is to work with an ESG-focused PR agency that can help you take a critical look at the ESG report and lay the foundation for strategic communication.

Read Kemp & Kjær’s ESG report here.

2) Be honest and transparentESG-PR: In your ESG-PR, it is essential to be honest about your company’s sustainability weaknesses. This will not only help you comply with legislation, but also build trust with your customers and stakeholders.

A concrete manufacturer that claims to be environmentally friendly because it has invested billions in reducing CO2 emissions is the subject of a shitstorm. Conversely, a concrete manufacturer that calls itself an environmental pig and therefore works to reduce its CO2 emissions is sympathetic.

3) Communicate clearly and concisely: Have you reduced your plastic consumption by 11.5%? So tell us you’ve reduced your plastic consumption by 11.5% and where you know it from. Steer clear of “Significantly less plastic” or “CO2 friendly”. By working with a PR agency, you can ensure that your ESG communication is understandable, free from unnecessary technical language and free from potential media crisis bombs.

Before you trumpet your ESG credentials, it’s worth asking to what extent ESG is integrated into your business strategy. Is sustainability considered in all aspects of your business and communication? It promotes genuine engagement, demonstrates concrete actions and means you can worry less about sharing your ESG initiatives publicly.

Still not sure? Talk to an ESG-focused PR agency

ESG reports bring both challenges and opportunities. By taking the Consumer Ombudsman’s injunction seriously, you’ve come a long way. You can significantly minimize risks by working with a PR agency that specializes in ESG PR and communication to help your company navigate the challenges, but also build a stronger and more credible sustainability profile.

To learn more about how a PR agency can help your company understand and communicate your ESG reports, please contact Mark Kjær on +45 4142 3635 or mark@kempkjaer.dk.

Read more about our “3-in-1” package for B2B impact technology that our PR agency focuses on.

See our list of grants for green projects here.

What is regenerative business and how to communicate it without greenwashing?

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Sustainability has been the buzzword in business for the past decade. But recently, a new word has taken off. Now we have to be “regenerative”, but do you dare to communicate about it after the Consumer Ombudsman’s many orders to companies for greenwashing?

Photo: There is a new regenerative movement underway in agriculture, where more people are looking to use different techniques to, among other things, make the soil capture more CO2.

What does it mean for companies to be regenerative and what should corporate press and marketing departments be aware of when communicating about it?

First, consider the definition of sustainable

It’s easier to understand the meaning behind regenerative if you start with the word “sustainable”. Here we take the Consumer Ombudsman’s understanding of the term, which comes from the Brundtland report where the term was defined. This definition has led to a large number of companies being accused of greenwashing since 2022 (and there are almost certainly many, many more at risk of criticism).

Do you have a greentech business? Then our PR agency may be able to help you.

The definition simplified:

A product or company can call itself sustainable if it can get external proof that it does not harm future generations.

This means, for example, that it must have zero CO2 emissions, zero use of chemicals – even no driving to and from meetings, as that means no CO2 in the atmosphere (even electric cars need to be charged with 100% renewable energy if they are to last. And what about the production of the car in the first place?) In principle, the lunch must be picked from the garden, where no pesticides are used, if the company is to meet the definition. Unless, for example, the company plants a lot of trees to compensate.

This is a rather strict interpretation of the word sustainable, but it is the interpretation we should get used to after the Consumer Ombudsman’s tightened practice.

But what can you say?

It’s okay to say that your company is undertaking sustainability initiatives, as long as it’s actually doing it. But calling your company or product sustainable in a general sense is not okay in 99.99% of all cases. This is considered a breach of marketing law (but note that future rulings may change this interpretation).

Read more about sustainability communication here.

So what is regenerative?

Regenerative business is about more than being sustainable. It’s about rebuilding and regenerating natural resources and social systems, instead of focusing only on minimizing negative impacts.

This is a significant change from the previous approach, which for years viewed sustainability as a burden or something that only needed to be implemented to comply with rules and regulations.

But becoming regenerative is not an easy task. It requires a fundamental shift in business practices and a deep understanding of the systemic implications of a company’s operations, its product lifecycle and its choice of suppliers. Companies must not only limit their negative impact, but also contribute positively to, for example, the climate, while running a business that doesn’t make a loss.

An example of a regenerative measure could be increasing the number of naturally occurring plateaus in a forest to capture more CO2 and increase biodiversity.

How do you communicate about sustainable and regenerative initiatives?

The Consumer Ombudsman’s strict interpretation of sustainability has caused several companies to slow down their sustainability communication. But it shows that they haven’t quite understood what it means, because you can communicate legally about sustainability initiatives if you do it in a balanced way.

Regenerative initiatives can give a boost to a company’s image, but marketing and PR teams need to be very careful not to just slap “regenerative” on products as a new buzzword to get attention. There must be a genuine commitment to changing the way the company operates and making a positive contribution to the world.

If the word “regenerative” is used in marketing, the company must be able to provide documentation that it delivers a net-positive impact on the climate, and this must be confirmed by external consultants – typically via an LCA (life cycle analysis).

On the other hand, it is easier to communicate – e.g. in press releases – that you have ambitions to cultivate regenerative initiatives in your company and what those initiatives are. As long as the company is honest and aware of where it may be harming the environment and climate – and also informs about it.

Communication around regenerative initiatives must be transparent, honest and reliable. Companies need to be able to demonstrate that they “walk the talk”. They need to be able to prove that they are taking the necessary actions and investments to become regenerative – especially if it’s used in marketing.

See our overview of grants for green projects here.

ESG reporting documents companies’ actions

But how do you prove your company’s regenerative actions? It does this by regularly reporting on progress and results. In the future, this will typically be done through ESG reporting, which must be done through the financial statements, where the information is easily accessible to stakeholders and shows how the company contributes to rebuilding and regenerating natural resources and/or social systems.

It’s important to highlight that the transition to regenerative operations is a long-term process that requires long-term commitment. Companies need to communicate that they are committed to continuing their regenerative efforts for the long term, even when things get challenging.
This means that, so far, there are only a few companies worldwide that can truly call themselves regenerative.

Read our own ESG report here.

Conclusion

Becoming regenerative is more than just a buzzword or branding strategy. It’s a fundamental shift in how businesses operate and interact with the world around them. For PR teams, this means a change in how company actions and commitments are communicated. But with the right approach, regenerative operations can not only improve a company’s image, but also contribute positively to the world, and those who crack the code to do so profitably are likely to be hugely successful in the future.

Still unsure about what you can communicate about regenerative initiatives?

Give us a no-obligation call on +45 4142 3635 or write to mark@kempkjaer.dk and we can guide you on your way. Our expertise is PR and communication, and we may involve other consultants if the issue goes beyond our field.

Read more about our “3-in-1” solution for B2B impact technology, which our PR agency specializes in.