With the renewed amendment of the CO2 Act, the Unfair Competition Act (UWG) was also amended as of January 1, 2025. Anyone who makes statements about themselves, their work or their services in relation to the climate impact caused that cannot be backed up by objective and verifiable data is acting unfairly.
With the renewed amendment of the CO2 Act (Federal Act on the Reduction of CO2 Emissions), the Unfair Competition Act (UWG) was also amended as of January 1, 2025.
Art. 3 para. 1 UCA will be amended as follows (Art. 3 para. 1 lit. x UCA): In particular, anyone who: ... “makes statements about himself, his works or services with regard to the climate impact caused that cannot be substantiated by objective and verifiable bases.”
Violations of the UWG can have civil and criminal consequences. Not only competitors, but also customers, professional and trade associations and consumer protection organisations are entitled to take legal action. For example, the Swiss consumer protection organisation has set-up a reporting platform where consumers can report suspected greenwashing. The Swiss Confederation, represented by the State Secretariat for Economic Affairs (SECO), also has the right to take legal action.
Recommendation: Companies should raise awareness of the issue of greenwashing and take appropriate measures (integration into risk management and ICS; guidelines or directives; training; concentration of expertise).
Pro memoria: Bluewashing is not covered by the new provision.
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