Dutch consumer authority obtains commitments from H&M ("Conscious") and Decathlon ("Ecodesign") (2022)
Short record: the main facts, with sources. A full case file has not been prepared.
- The record does not name which of my species, waters, soils or forests were harmed.
On 13 September 2022 the Dutch consumer authority (ACM) announced binding commitments from H&M and Decathlon, decided on 19 August 2022, over sustainability claims it described as unclear and insufficiently substantiated. It imposed no sanctions; Decathlon committed to a donation of EUR 400,000 and H&M to EUR 500,000, and ACM will enforce the commitments over two years.
No sanctions. Commitment decisions dated 19 August 2022; ACM will enforce compliance over the next two years.
Status As of 13 September 2022: binding commitments announced; ACM will enforce them over two years; the sources reviewed do not report the result.
What happened
On 13 September 2022 the Netherlands Authority for Consumers and Markets (ACM) announced that Decathlon and H&M had made commitments promising to adjust or no longer use sustainability claims on their clothes and/or websites, and to inform consumers more clearly. They would also make donations of 400,000 euros (Decathlon) and 500,000 euros (H&M) to different sustainable causes "to compensate for their use of unclear and insufficiently substantiated sustainability claims". The ACM said the commitments followed its investigation and that it would therefore not impose any sanctions. It declared the commitments binding in decisions dated 19 August 2022, and will enforce compliance over the next two years.
ACM said its investigation, which began with a request to clothing retailers in spring 2021 to look critically at their claims, revealed that Decathlon and H&M offered products using general terms such as "Ecodesign" and "Conscious" without immediately specifying clearly the sustainability benefits with the claim. ACM said the donations go to independent organisations that contribute towards sustainability and clothing. Decathlon's decision requires reports to ACM every eight months for two years, including a report from an independent party after the first eight months.
- 2021Spring: ACM asks clothing retailers to take a critical look at their sustainability claims
- 202219 August: ACM decides to declare the commitments of H&M and Decathlon binding
- 202213 September: ACM announces the commitments, donations of EUR 500,000 (H&M) and EUR 400,000 (Decathlon) and no sanctions; two-year enforcement period
How it looked
Shown
- The "Conscious" claim for H&M products, used as a general term without immediately specifying the sustainability benefits.
- The "Ecodesign" claim for Decathlon products, used as a general term without immediately specifying the sustainability benefits.
Recorded
- ACM described the claims as unclear and insufficiently substantiated, and said the donations compensate for their use.
- ACM imposed no sanctions; H&M committed to a donation of EUR 500,000 and Decathlon to EUR 400,000, and ACM will enforce compliance over the next two years.
In nature's name
Money moved in nature's name
| What | Kind | Amount | Period |
|---|---|---|---|
| H&M donation under the binding commitments H&M Netherlands Authority for Consumers and Markets (ACM) | Pledged | €0.5m | 2022 |
| Decathlon donation under the binding commitments Decathlon Netherlands Authority for Consumers and Markets (ACM) | Pledged | €0.4m | 2022 |
What was measured
ACM's description concerns whether the claims were clear and substantiated. No independent measurement of an environmental benefit from the "Conscious" or "Ecodesign" products is on record in the sources reviewed.
Findings on record
- Registry action Netherlands Authority for Consumers and Markets (ACM) (2022-08-19) · Binding commitments from H&M and Decathlon; claims described as unclear and insufficiently substantiated: “unclear and insufficiently substantiated sustainability claims” Netherlands Authority for Consumers and Markets (ACM)
In court and with insurers
Lawsuits and rulings
- 2022-08-19SettledACM binding commitments from H&M and Decathlon on "Conscious" and "Ecodesign" claimsNetherlands Authority for Consumers and Markets (ACM) · Administrative · ACM → H&M and Decathlon
Commitments declared binding in place of sanctions: donations of EUR 500,000 (H&M) and EUR 400,000 (Decathlon), adjusting or stopping the sustainability claims, and two years of enforcement. Announced 13 September 2022. Netherlands Authority for Consumers and Markets (ACM)
Insurers
What nature saw
Nature's report opens this page. Below: further outcomes measured on the ground.
What we don't know
Nature
- Not measured Harm to nature: The record holds no measurement of harm to nature.
Record
- None on record H&M's and Decathlon's own responses: not on record in the sources reviewed.
- None on record The ACM press release says the donations go to independent organisations contributing to sustainability and clothing; it does not name the recipients. Decathlon's decision describes the recipients it selected without naming them.
- None on record The sources reviewed do not report the outcome of the two-year enforcement period.
- None on record The H&M commitment decision text is not among the sources reviewed; only its summary page was read.
Did the harm stop?
Not established in the sources reviewed.
Who paid?
Donations of EUR 500,000 (H&M) and EUR 400,000 (Decathlon) committed in place of sanctions. Whether they were paid is not stated in the sources reviewed.
Sources
Government and regulators
- Going forward, Decathlon and H&M will provide better information about sustainability to consumersNetherlands Authority for Consumers and Markets (ACM) · 2022-09-13
- Commitment decision for H&M regarding sustainability claimsNetherlands Authority for Consumers and Markets (ACM) · 2022-09-13
- Commitment decision for Decathlon regarding sustainability claimsNetherlands Authority for Consumers and Markets (ACM) · 2022-09-13
- Besluit van de Autoriteit Consument en Markt als bedoeld in artikel 12h van de Instellingswet Autoriteit Consument en Markt (Decathlon, ACM/21/053823)Autoriteit Consument en Markt (ACM) · 2022-08-19
Connected cases
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