Environmental claims now appear almost everywhere – on packaging, websites, advertisements, in product names and on social media. Companies naturally want to communicate their more responsible production methods, lower carbon footprint or more sustainable solutions. However, the line between factual information and misleading communication may not always be clear.

Greenwashing is therefore more than a reputational issue. New rules expressly regulating environmental claims, sustainability labels and the conditions for their verification will take effect in Slovakia on 27 September 2026.

When does a company enter the realm of environmental claims?

When it states or implies in its commercial communications that its product, service, brand or the company itself has a positive impact on the environment, causes less harm than a comparable alternative, has no negative impact or is gradually reducing its impact.

Importantly, this is not limited to text used in advertising. An environmental claim may take the form of a product name, a company’s own “eco” label, packaging, visuals featuring natural imagery, a social media post or an influencer’s communication.

“Companies often do not perceive a particular visual or product name as a legally relevant claim. From a consumer’s perspective, however, it may create a clear impression that the product or brand is more environmentally friendly. This impression must also have a genuine and verifiable basis.”
 

^{Lukáš Vozár, Associate, BDO Legal}

Which claims present the greatest risk?

The most problematic claims tend to be broad terms with no clearly defined meaning, such as “green”, “eco-friendly”, “environmentally friendly” or “climate neutral”.

A problem may also arise when a company highlights one positive feature while its communication creates the impression that the product delivers an overall environmental benefit. One example is a product with recyclable packaging that is described as “eco-friendly” without any further qualification. Such a claim may obscure other significant impacts associated with production, the materials used, transportation or the product’s entire life cycle.

Comparative claims such as “lower-emission” or “more sustainable than a conventional solution” also require particular attention. The company must be able to explain what the product is being compared with, which data support the comparison and whether the comparison is clear to the customer.

Will environmental claims be subject to regulatory scrutiny?

Yes. Reviews may be initiated by a supervisory authority, conducted as part of targeted inspections of online shops and advertising, or prompted by a complaint from a consumer or consumer organisation. Competitors may also play a significant role, particularly if they believe that another business is gaining an advantage through unsubstantiated claims.

Such inspections are not merely hypothetical. The Slovak Trade Inspection participated in the European Sweep 2024 enforcement action, which focused on online traders selling second-hand goods. The review found that some environmental claims were insufficiently substantiated, while others raised suspicions of false, misleading or unfair commercial practices.

Cross-border enforcement is also relevant for businesses operating in several EU countries. Advertising published on a foreign-language version of a website may still fall within the reach of authorities in the country where the company is established.

What do international cases show?

Slovak case law in this area is still developing. However, decisions from other jurisdictions provide relevant guidance.

The common denominator in these cases is the gap between what the marketing promises and what the company can actually substantiate.

Can a certificate or label help a company?

Yes, but a certificate does not automatically validate every statement used in marketing communications. Responsibility for the content of a claim remains with the company using it.

If a product or process is certified, the communication must accurately reflect the scope of that certification. For example, a company should not infer from the certification of a single raw material that the entire product or brand is sustainable.

The new rules also introduce the concepts of sustainability labels and certification schemes. They emphasise transparent rules, publicly accessible conditions and independent verification.

What should companies review now?

The first step is to map all environmental claims used by the company – on its websites, in campaigns, on packaging, in presentations, on social media and in sales materials.

“Greenwashing should not discourage companies from communicating the genuine environmental measures they have taken. It should encourage them to communicate those measures accurately, clearly and in a way that they can also defend from a legal perspective.”
 

Lukáš Vozár, Associate, BDO Legal