Environmental claims, green visual identity, and eco-related labels can strengthen a brand’s market position. However, they must be supported by facts. In an article published by Rzeczpospolita, Weronika Szachniewicz, Attorney-at-Law and Associate at KWKR, discusses the legal and business risks associated with greenwashing and explains why environmental communication requires increasing attention from businesses.
Green Branding Through the Lens of Law
Growing environmental awareness among consumers is influencing the way businesses create product names, trademarks, packaging, and marketing campaigns. Terms such as “eco”, “bio”, or “zero emissions”, as well as green colours and nature-inspired imagery, are commonly used to communicate environmental responsibility.
While such elements can help build a competitive advantage, they may also create legal, reputational, and commercial risks. If environmental claims are not supported by reality, the communication may be considered greenwashing. Importantly, trademark registration alone does not guarantee that the way a sign is used will comply with consumer protection laws.
Environmental Claims Must Be Evidence-Based
In her article, Weronika Szachniewicz highlights the significance of Directive (EU) 2024/825, aimed at strengthening consumer protection against misleading environmental claims and unfair commercial practices. The regulation covers statements made in advertising, on packaging, websites, and across other commercial communications.
Particular attention is paid to private sustainability labels that resemble independent certifications. As discussed in the publication, quality marks, trust labels, and signs suggesting environmental or social responsibility should be based on a certification scheme or established by a public authority.
Building Credible Environmental Communication
Businesses should carefully review not only explicit environmental claims but also the associations created by brand names, slogans, graphics, and packaging. General statements require precision, and every environmental benefit communicated to consumers should be supported by appropriate evidence, such as certifications, studies, supplier data, emissions analyses, or product documentation.
The article also stresses the importance of cooperation between marketing, legal, product, ESG, compliance, and supply chain teams. Marketing communication should not run ahead of a company’s operational reality. Credible green branding requires transparency, clear messaging, and the ability to substantiate every environmental claim made to consumers.
Green Branding as a Business Opportunity
As regulatory scrutiny increases and new consumer protection rules are introduced, environmental communication is becoming a strategic issue for businesses. Companies that combine effective branding with transparency and verifiable evidence will be better positioned to build trust and reduce regulatory risk. At the same time, those relying on unsupported environmental claims may expose themselves to allegations of greenwashing and the resulting legal and reputational consequences.