Greenwashing as a reputational and legal risk in business

We are increasingly hearing in the public sphere that the solutions offered by a particular company are ‘eco-friendly’, ‘green’, ‘sustainable’ or ‘environmentally friendly’. This is a response to growing environmental awareness among consumers. According to research, as many as 72% of consumers globally are willing to pay more for sustainable products[1] . This trend – though positive from a human perspective – may give rise to the risk of so-called “greenwashing”.

What is greenwashing?

The dictionary definition of “greenwashing” boils down to a practice designed to encourage the purchase of certain products by falsely claiming that these products have been manufactured in accordance with environmental protection principles[2] . Greenwashing is therefore the practice of presenting a company’s products, services or activities as more environmentally friendly than they actually are.

Greenwashing under the Office’s scrutiny

The phenomenon of greenwashing is not ignored by Polish law. At the end of July 2025, the President of the Office of Competition and Consumer Protection (“UOKIK“) brought charges of greenwashing against four companies – Allegro Polska, DHL eCommerce Poland, DPD Polska and InPost –[3] . The reason for this action is that claims such as “green fleet”, “zero-emission” or “environmentally neutral” were based on incomplete data or related only to a part of their operations. Furthermore, some of the claims were said to be based on conditions about which consumers were not informed in a clear and comprehensible manner. It should be emphasised, however, that the President of the Office of Competition and Consumer Protection (UOKiK) has, for the time being, initiated proceedings against the aforementioned entities and this is not a final decision.

It follows from the President of the Office of Competition and Consumer Protection’s decisions concerning the aforementioned companies that the phenomenon of greenwashing may be considered under the provisions of the Act of 23 August 2007 on counteracting unfair market practices (“UPNPR”) and the Act of 16 February 2007 on the Protection of Competition and Consumers (“UOKK”).

In particular, greenwashing may be considered a misleading practice if it in any way causes or is likely to cause the average consumer to take a contractual decision that they would not otherwise have taken, and consequently be deemed a practice infringing the collective interests of consumers.

For example, the President of the UOKiK has preliminarily assessed that the dissemination by DHL eCommerce Poland of marketing messages featuring symbols such as a green leaf, a twig, or graphics and motifs referring to nature, including the following: “Logistics on a green course – we care for the environment”, “We plant trees”, “DHL ECO-revolution”, “Our goal: Zero CO2 emissions by 2050”, suggesting a significant positive environmental impact resulting from the use of this trader’s services, whilst – in the opinion of the President of UOKiK – the company’s pro-environmental activities are: marginal, incidental, remaining at the planning stage, or there is a lack of public presentation of evidence for these claims that can be easily verified by consumers.

Furthermore, greenwashing may be considered in relation to the provisions of the Act of 16 April 1993 on Combating Unfair Competition (“UZNK”). Under this legislation, the practice of greenwashing may be deemed an act of unfair competition if it is contrary to the law or public policy and threatens or infringes the interests of another trader or customer. In particular, the following may be considered acts of unfair competition in relation to greenwashing: misleading labelling of goods or services, the dissemination of false information, and misleading advertising.

It should also be noted that greenwashing is being tackled not only at national level, but also at EU level. One such instrument is Directive (EU) 2024/825 of the European Parliament and of the Council of 28 February 2024 (‘the Directive’), which aims to incorporate provisions into EU consumer protection law to combat unfair commercial practices that mislead consumers and prevent them from making sustainable consumption choices, such as practices involving misleading claims regarding environmental friendliness (greenwashing). It follows from the text of the Directive that the following may be considered misleading practices: making a general claim regarding environmental friendliness where the trader is unable to demonstrate recognised high environmental performance relevant to that claim, making claims regarding environmental friendliness in relation to the entire product or the trader’s entire business, if they relate only to a specific aspect of the product or a specific type of the trader’s business; or a claim, justified by offsetting greenhouse gas emissions, that the product has a neutral, limited or positive impact on the environment in terms of greenhouse gas emissions.

Due to its legal status, the Directive requires implementation into national law. A draft bill amending the Act on Combating Unfair Market Practices and the Consumer Rights Act is currently being processed[4] . Nevertheless, greenwashing is not a matter of indifference to Polish law.

Consequences and challenges for the automation and robotics industry

The challenges associated with greenwashing will not bypass the automation and robotics sectors either. The robotisation of industry can also contribute to more sustainable development. Thanks to the precise management of production processes using robots, it is possible to reduce the consumption of raw materials and energy. To avoid accusations of greenwashing, the most important factors are the verification of claims and transparency in communication. From the perspective of an entity engaging in eco-marketing, the primary focus should be on providing scientific evidence for every claim, obtaining the necessary certifications, and ensuring precise language that avoids vague generalisations such as ‘eco’ or ‘green’ without concrete details.

Summary

Greenwashing has become a real legal and reputational threat for companies in the automation and robotics sector as well. Recent actions by the President of the Office of Competition and Consumer Protection (UOKiK) indicate that regulatory bodies will scrutinise businesses’ “green” claims with increasing rigour.

For manufacturers of robots and automation systems, it is crucial to base marketing communications on hard data – actual energy consumption, measurable waste reduction or specific efficiency indicators. Instead of general slogans about “eco-friendliness”, it is worth investing in reliable environmental documentation and industry certifications.

[1] NielsenIQ Brandbank report entitled “Are companies transparent enough in their sustainability initiatives to meet shopper needs?”, August 2022.

[2] https://wsjp.pl/haslo/podglad/107365/greenwashing (accessed: 12 August 2025).

[3] Press release from the Office of Competition and Consumer Protection (UOKiK) dated 29 July 2025, link: https://uokik.gov.pl/ekosciema-prezes-uokik-stawia-zarzuty-allegro-dhl-dpd-i-inpost (accessed: 13 August 2025).

[4] Information from the Council of Ministers’ list of legislative and programme work, link: https://www.gov.pl/web/premier/projekt-ustawy-o-zmianie-ustawy-o-przeciwdzialaniu-nieuczciwym-praktykom-rynkowym-oraz-ustawy-o-prawach-konsumenta (accessed: 13 August 2025).