Denmark witnessed this week its first greenwashing litigation, towards pork-producer Danish Crown A/S, in what seems to be the primary lawsuit towards a European meals producer over local weather claims.
In the course of the first listening to of the lawsuit this week, Denmark’s Western Excessive Court docket was referred to as upon to find out whether or not the corporate wrongfully positioned local weather claims on its pork meat label and misled customers.
The case was initiated in Might 2021 by the Vegetarian Society of Denmark (DVF) and local weather motion Klimabevægelsen, who believed that the meat firm breached the Danish Advertising and marketing Act by misleadingly branding its product as ”extra climate-friendly than you suppose”.
”The lawsuit is the primary of its variety and may due to this fact set up an vital authorized precedent within the subject of greenwashing of meals,” stated Marc Malmbak Stounberg, lawyer from Kontra Attorneys, one of many two attorneys representing the inexperienced organisations within the case.
The carbon footprint of meat and dairy manufacturing is extraordinarily excessive.
In keeping with the Danish Crown, the ”climate-controlled” pig labels had been primarily based on their lowered greenhouse gasoline emissions (by 25 % since 2005) — however included the corporate’s intention to attain local weather emissions reductions by 2030.
However this intention might be met solely if all Danish Crown’s pork farmers had adopted the corporate’s recommended measures to scale back their emissions — however no penalties had been imposed on farmers who didn’t stay as much as the corporate’s checks over their implementation.
Deceptive local weather claims
Analysis by two Danish newspapers revealed that the corporate’s life-cycle evaluation (LCA) to find out how Danish Crown’s pigs had been extra climate-friendly was heavily-dictated by firm members quite than Aarhus College — the establishment that was requested to ship the LCA.
In keeping with DVF’s director Rune-Christoffer Dragsdahl, the local weather labels positioned on the meat packaging had been deceptive customers.
”You give most people and politicians the concept the local weather is below management,” he stated, including that such messaging can have penalties by way of inhibiting the understanding of the particular local weather state of affairs.
Dragsdahl, who testified within the trial this week was requested by attorneys of firm on the diploma of certainty of DVF’s personal labelling scheme, referred to as ”Det Grønne Hjerte” (The Inexperienced Coronary heart), which certifies Danish firms.
”In our certification, if an organization does not observe it, when they’re checked there are penalties for them,” he stated.
The defendent, the Danish Crown compnay, couldn’t swear the identical in entrance of the court docket. The corporate’s former director Preben Sunke, of the 9 witnesses referred to as by the pig producers, unexpectedly admitted on the identical day that the corporate couldn’t assure that each one the pork that obtained the ”climate-controlled” label may truly come from a pig producer who had taken local weather measures.
And on Wednesday (22 November), Danish Crown’s director of sustainability admitted that the soy feed given to animals will not be all deforestation-free, reducing the probabilities of elevating animals with excessive environmental requirements.
Shoppers’ security
Client associations have highlighted that many such ’eco’ labels are primarily based on weak verification methods, and unfastened rules enabling large-scale greenwashing, together with on meals merchandise.
”The present laws doesn’t permit for such claims, however the guidelines will not be so express. And that is why a number of firms are utilizing these claims,” stated Patrycja Gautier, staff chief for client rights on the European customers’ affiliation BEUC.
In 2023 the EU Fee labored to construct a framework to raised defend customers, below the patron package deal, with a collection of measures with extra express language towards greenwashing, which Gautier stated may assist ship a transparent sign to the market.
Nonetheless, the approaching laws is slated to take impact solely in 2026.
With the shortage of express guidelines towards greenwashing inside present laws, at the least thus far, firms can proceed advertising their merchandise with unfastened rules, whereas lawsuits primarily based on inexperienced claims would have little authorized precedent to discuss with.
BEUC’s Gautier stated that, at present, many firms throughout completely different sectors are beginning to withdraw local weather claims as a result of they’ve observed the rise within the variety of court docket circumstances the world over.
However whether or not the meat firm is discovered responsible on account of its alleged greenwashing labels, the judgment may have a deterrent impact towards meals firms practising related methods.
Malback Stounberg stated that, on the Danish stage, the judgment may have direct and speedy penalties for the entire sector, whereas will probably be as much as different European courts that analyse related circumstances, and whether or not to observe the Danish interpretation of European legislation.
Dragsdahl stated that in the event that they lose, DVF and Klimaebevegelse would attraction to the Danish Supreme Court docket, and ultimately on the European stage.
Regardless of Sunke’ admitting the corporate’s label was not strictly regulated, there is no such thing as a certainty his testimony will probably be decisive for the decision.
The method’ second listening to will probably be held in December, with the trial’s outcome anticipated in January 2024.