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    Sustainable Brand Index
    Sustainability Weekly

    Week 34 ·

    Week 34: 41 days to the green-claims deadline

    The rulebook arrived before the readiness did. The EU's packaging regulation started applying on 12 August, the ban on destroying unsold clothing has been live since 19 July, and the Empowering Consumers Directive bites in 41 days. Danish courts have handed down two criminal greenwashing convictions in six weeks, and the Dutch regulator has started pre-positioning cases. The compliance calendar has stopped being a slide in a deck and started being a date on a purchase order.

    Regulation & policy

    EU · PackagingApplies now, 12 August 2026

    The EU packaging regulation is live, and the first thing it removed was PFAS

    Regulation (EU) 2025/40 started applying on 12 August 2026, replacing the 1994 packaging directive. The obligation that bites immediately is a hard limit on PFAS in food-contact packaging: above the threshold, takeaway containers, bakery paper and pizza boxes can no longer be placed on the EU market.

    Consumer-visible change comes later: harmonised sorting labels from 2028, and from 2030 limits on empty space, bans on certain single-use plastic formats, minimum recycled content and a requirement that all packaging be recyclable.

    Sources: European Commission (11 Aug 2026) · Naturvårdsverket (10 Aug 2026)

    Sweden · Green claims4 August 2026

    Sweden will miss the EmpCo date by three months, and industry is asking for six more

    Eight Swedish business organisations, including Svensk Handel, Svensk Dagligvaruhandel and Livsmedelsföretagen, published a joint op-ed on 4 August warning that goods and pre-printed packaging worth "hundreds of millions of kronor" may have to be scrapped when the Empowering Consumers Directive becomes Swedish law. They put that date at 1 January 2027, roughly three months after the EU application date of 27 September 2026, and ask for a national sell-through period of at least six months, pointing to Finland, which has proposed exactly that.

    Denmark legislated in May 2025 with effect from 27 September 2026; Norway's Storting adopted its implementation in June 2026; the Netherlands completed its implementation act in June 2026.

    Sources: Livsmedelsnyheter (4 Aug 2026) · Directive (EU) 2024/825

    Netherlands · Enforcement13 August 2026

    ACM makes a cruise operator delete the word "duurzaam", and says why

    On 13 August the Dutch consumer authority ACM published the outcome of an action against Captain Cruise, which had used absolute, unsubstantiated claims ("verantwoord", "duurzaam cruisen", "milieuvriendelijke reis") in both copy and imagery. No fine was issued; the company removed the claims and renamed its "duurzaam cruisen" page.

    The instructive part is the framing: ACM used the case to signal that from 27 September general absolute claims such as "bewust", "duurzaam" and "verantwoord" will be unlawful without direct substantiation.

    The case originated in a Consumentenbond article on "green" travel providers: a consumer organisation, not a competitor.

    Sources: ACM (13 Aug 2026)

    Denmark · Enforcement20 July and 13 August 2026

    Two criminal greenwashing convictions in Denmark in six weeks

    Copenhagen City Court fined swimwear brand Copenhagen Cartel ApS DKK 500,000 on all 17 counts (announced 20 July) for 2021–2023 marketing claiming products were "made from ocean waste" and 78% plastic recovered from the oceans. The garments did contain 78% Econyl, but only a small share could be documented as originating from ocean waste or recovered fishing nets. That followed the DKK 3,000,000 fine against KLM on 9 July, over a radio ad calling SAF use "a big step towards more sustainable travel" on roughly 1% blending.

    On 13 August the Consumer Ombudsman published its 2025 annual report, naming green marketing claims a focus area and noting that the documentation requirement for green claims is substantial.

    Sources: Forbrugerombudsmanden (20 Jul 2026) · KLM ruling (9 Jul 2026) · Annual report (13 Aug 2026)

    Consumer & brand

    Research · Greenhushing21 July 2026

    Climate fell more than 20 points in one year on the corporate affairs agenda

    The Oxford–GlobeScan Global Corporate Affairs Survey 2026 found climate change named a major risk by 40% of senior corporate affairs practitioners, down more than 20 percentage points year on year. Geoeconomic risk took the top slot at 76%, and AI jumped to 44% from 17% in 2025. Nearly 80% say the corporate affairs function itself needs revision. The authors describe this as recalibration rather than rejection. The summary does not disclose sample size or country coverage, so the percentages are directional.

    Consumer expectations have not moved nearly as fast, which means brands are heading into September with less messaging and more legal exposure at the same time.

    Sources: Saïd Business School (21 Jul 2026)

    Client sectors

    Sweden · Fashion, beauty, home23 July and 11 August 2026

    Sweden goes ahead of the EU on PFAS in everyday consumer products

    On 23 July the Swedish government announced preparation of a national ban on PFAS in clothing, footwear, impregnation sprays, kitchenware, cosmetics and ski wax from 1 January 2028, ahead of the EU-wide restriction the Commission is expected to propose during 2027, at which point the Swedish rule would be repealed. On 11 August a special investigator was appointed to propose economic instruments for phasing out PFAS, reporting 30 November 2027.

    In practice, "PFAS-free" is moving from a voluntary differentiator to a legal baseline in Sweden.

    Sources: Regeringen (23 Jul 2026) · Miljö & Utveckling (11 Aug 2026)

    Fashion · CircularityIn force 19 July 2026 · bankruptcy 5 August 2026

    Destroying unsold clothes is now illegal, and a model circular brand just went under

    The ESPR ban on destroying unsold apparel, accessories and footwear took effect for large companies on 19 July 2026, with narrow exemptions; medium-sized companies follow in 2030, and a standardised disclosure format for volumes of discarded unsold goods becomes mandatory in February 2027. The Commission cites an estimated 4–9% of unsold textiles destroyed in Europe each year.

    In the same fortnight, Amsterdam District Court declared MUD Jeans, the Dutch denim brand built on the "Lease A Jeans" circular model, bankrupt on 5 August.

    Circularity is becoming a legal obligation for large incumbents at the moment it is proving commercially hard for small challengers.

    Sources: European Commission (9 Feb 2026) · FashionUnited NL (7 Aug 2026)