Sustainability is no longer a niche topic, but an essential component of modern corporate communication (see also our previous articles[On the “how” of advertising with environmental claims using the example of “climate neutral”, Sustainability trend – advertising with green claims,Be careful when advertising with environmental claims, Sustainability promises in fashion: legal requirements and risks, FINMA supervisory communication 05/2021 – preventing and combating greenwashing]. More and more companies are presenting themselves as “green”, “climate-neutral”, “CO₂-neutral”, “net zero” or “sustainable”. However, not all of these messages are serious and can be taken at face value. Many consumers feel deceived by so-called “greenwashing” strategies, as environmental claims are often used that are barely verifiable or even misleading. This is where the new Art. 3 para. 1 lit. x of the Swiss Federal Act against Unfair Competition (UCA) comes in, which now creates clear rules for climate-related claims.
The new regulation: Art. 3 para. 1 lit. x UWG in detail
The introduction of this new provision, which has been in force since 1 January 2025, creates a specific prohibition on misleading statements relating to the climate. This means that anyone who makes statements about themselves, their goods, works or services in relation to the climate impact caused that cannot be substantiated by objective and verifiable evidence is acting unfairly. Companies that want to position themselves as environmentally friendly must therefore ensure that their statements not only sound plausible, but are also based on objectively verifiable facts. This clarifies the legal framework for climate-related claims.
Reversal of the burden of proof at the heart of the new regulation
A key element of this regulation is the reversal of the burden of proof. A company that advertises environmentally friendly properties must now be able to prove that its claims are correct and substantiated. This change creates a considerable challenge for marketing departments: it is no longer enough to use vague terms such as “sustainable”, “net zero by 2050” or “50% fewer emissions” – these must be supported by reliable figures and processes.
Practical examples of relevant statements
The statements covered by the new regulation include
- Qualitative statements: terms such as “climate-neutral”, “green” or “CO₂-free”;
- Quantitative information: “emissions in tonnes”, “offsetting projects”, “progress in reducing emissions”
- Process-related information: Descriptions of measures to reduce climate impact, such as internal sustainability initiatives.
Greenwashing – a known problem
The new regulation in the UWG is by no means superfluous. In recent years, the number of cases in which companies have been criticised for greenwashing has risen steadily. Consumers today rightly expect that “green” promises are not just mere advertising rhetoric. False or misleading environmental promises not only lead to a loss of trust, but can also have legal consequences since the introduction of the new regulation in the UCA on 1 January 2025. The new article creates a basis for such offences to be prosecuted more easily and in a targeted manner.
Risks and possible sanctions
Companies that do not fulfil the requirements of the new Art. 3 para. 1 lit. x UCA must expect various consequences. In addition to civil law claims aimed at injunctive relief or removal of the unfair statements, sanctions may also be imposed in accordance with Art. 23 et seq. UWG can also be imposed. There is also the threat of a report to the State Secretariat for Economic Affairs (SECO) or a complaint to the Swiss Commission for Fair Trading (SLK).
Platform for reporting greenwashing
As described above, in cases where companies or marketing experts engage in greenwashing (or are suspected or accused of doing so), it is possible to report this to the competent body. The Swiss consumer protection organisation has set up a platform specifically for this purpose, where consumers can easily report suspected cases (see platform).
What does this mean in concrete terms for companies and marketing experts?
Companies should ensure that any claim about their environmental friendliness is fully documented and verifiable. This is especially true for advertising campaigns and public statements that emphasise or highlight sustainable performance. Marketers and entrepreneurs are well advised to work with internal and external experts to ensure that their climate promises stand up to the new legal requirements. Sustainability reports or recognised certifications are also a good way of proving your own sustainability.
Conclusion and outlook: Green marketing without greenwashing
The new Art. 3 para. 1 lit. x UCA is intended to ensure that companies that advertise climate protection actually make their contribution to reducing greenhouse emissions and combating climate change. For companies and marketing experts, this means that sustainability must first be practised before companies are allowed to advertise themselves publicly as “sustainable”. If you want to avoid greenwashing, you should ask yourself the question, true to the credo “actions not words”: Can I back up every statement I make with sound data? However, it remains to be seen how effective the new regulation will actually be in practice.
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