Important news: the Netherlands' Authority for Consumers and Markets (ACM) has announced its focus on enforcement of sustainability claims in the food sector in 2025.
NVWA or ACM?
For a long time, it was unclear who supervises sustainability claims in food: the ACM or the Netherlands Food and Consumer Product Safety Authority (NVWA). The decision has been made: both bodies are competent, but the ACM will take the lead on potentially misleading sustainability claims in the food sector. However, the ACM will consult the NVWA in advance.
What does this mean for food companies?
Already since 2020, the ACM has been actively monitoring sustainability claims, especially in the clothing and energy sectors. From 2025, that focus will shift to the food sector.
In 2021, sector letters in the energy and clothing sector led to commitments: companies investigated by the ACM promised to adjust or delete their sustainability claims to avoid fines and lawsuits. As compensation for misleading claims, companies like H&M (in Dutch) and Greenchoice (in Dutch) donated hefty sums (sometimes EUR 450,000 or more) to sustainable causes. But the enforcement of sustainability claims in the dairy sector, announced at the time, came to a standstill because of a lack of clarity about who is the competent authority in food products. That is now clear: the ACM will now enforce in that area too.
Meanwhile, the ACM applies a zero-tolerance policy. Although the ACM does not usually impose fines directly, it does enter into discussions with the company concerned after a warning letter. Often, claims are then voluntarily modified or removed from websites, packaging or delivery vans. The ACM invariably publishes a news item about such a 'voluntary' adjustment of claims, with all the (negative) publicity that this entails.
It is good to know that sustainability claims in the food sector are now facing more regulatory scrutiny. With the ACM stepping up its supervision, it makes extra sense for companies to take a critical look at their sustainability claims. It is certainly still possible to make sustainability claims. So do not rigorously remove them - that is not necessary and often a waste. What can you do? Read the ACM's Sustainability Claims Guidelines and apply the five rules of thumb. Remain nuanced about sustainability results. Communicate honestly and in understandable language. Put yourself in the shoes of the average consumer. Make sure your sustainability claims are accurate, specific and well-substantiated. This way, sustainability communication becomes a credible and responsible part of your business.
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