'Sustainable delivery' is misleading according to the Netherlands Authority for Consumers and Markets

The Netherlands Authority for Consumers and Markets (ACM) found that general sustainability claims made by parcel delivery businesses, such as "go green" and "sustainable delivery", are misleading. According to the consumer protection authority, the claims give consumers a false impression about the environmental impact of parcel deliverers.

Focus on the transportation sector
Last year, the ACM initiated an investigation into sustainability claims within the transportation sector. According to the ACM, this sector is full of green claims while it is still polluting and has a big impact on the environment. Earlier this year, 20 airlines were being called out for greenwashing in a joint action by European consumer regulators and the European Commission.

Investigation and findings
Given the high volume of parcels sent and received by consumers, the ACM has recently focused its investigations on the three biggest Dutch parcel deliverers. According to the ACM, the parcel deliverers made general claims that suggested that parcel delivery has no negative environmental impact, which is inaccurate as the overall process of parcel delivery has a significant environmental footprint.

While one of the parcel deliverers already adjusted or removed claims, the other two followed suit after speaking to the ACM. For example, one of them replaced the claim "your parcel is delivered sustainably" to "we're increasingly using electric or biofuel vehicles for final delivery". The parcel deliverers committed that by mid-2025 all green claims, including those on delivery vans, will be removed.

Osborne Clarke comment
This news has not come as a surprise considering the ACM's recent focus on the transportation sector. Earlier this year, the ACM investigated green claims in the transportation sector, with one of the largest online travel agencies removing sustainability claims relating to its "Travel Sustainable" programme worldwide. The Dutch consumer protection authority has also carried out similar investigations and actions in other sectors, such as clothing and energy. We expect more cases to follow.

The ACM has published Guidelines regarding Sustainability Claims to help businesses phrase these statements in order to prevent consumers from being misled.

The guiding principles for companies in their sustainability communication are:

• Ensure that sustainability claims are correct, clear, specific, and complete.
• Substantiate sustainability claims with facts and keep them up to date.
• Make fair comparisons with other products or competitors.
• Describe future sustainability ambitions in concrete and measurable terms.
• Ensure that visual claims and certifications are helpful and not confusing.