Who gains from saving nature
Ledger 1 : 33 — For each dollar financing nature-based solutions in 2023, about $33 financed activities harmful to nature. (UNEP)
Cases / Green claim · Netherlands · 2022

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.

Nature's voice · report
Donation to sustainable causes in place of a sanction; recipient not named 0.5 million euros were pledged in my name. No one has measured what reached me.
Did nature suffer? Not measured.
Not on record
  • The record does not name which of my species, waters, soils or forests were harmed.
What the record lacks: 4 none on record · 1 not measured See the gaps

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.

€500,000 (H&M) and €400,000 (Decathlon)Donations under the binding commitments, announced 13 September 2022
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?
ACM obtained binding commitments from H&M and Decathlon over their "Conscious" and "Ecodesign" claims, which it described as unclear and insufficiently substantiated. Netherlands Authority for Consumers and Markets (ACM)
When?
Decisions dated 19 August 2022, announced 13 September 2022; enforcement over two years. Autoriteit Consument en Markt (ACM)
Who?
Gained
None on record
Lost
None on record
Harmed
None on record
Why?
Both retailers used general terms such as "Ecodesign" and "Conscious" without immediately specifying clearly the sustainability benefits. Netherlands Authority for Consumers and Markets (ACM)
How?
Binding commitments in place of sanctions: adjusting or stopping the claims, donations and two years of enforcement. Netherlands Authority for Consumers and Markets (ACM)
5 of 6 questions answered from the record · open: who

What happened

The record, in order.

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.

  1. 2021Spring: ACM asks clothing retailers to take a critical look at their sustainability claims
  2. 202219 August: ACM decides to declare the commitments of H&M and Decathlon binding
  3. 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

What was shown, beside what was recorded.

Shown

Recorded

In nature's name

What was promised in nature's name, the money that moved, and what was measured.

Money moved in nature's name

WhatKindAmountPeriod
H&M donation under the binding commitments
H&M
Netherlands Authority for Consumers and Markets (ACM)
Pledged€0.5m2022
Decathlon donation under the binding commitments
Decathlon
Netherlands Authority for Consumers and Markets (ACM)
Pledged€0.4m2022

What was measured

Not 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.

Regulator's description of the claims
Unclear and insufficiently substantiated
Independent measurement of environmental benefit
None on record
No measurement 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

Every proceeding and every insurer decision on record.

Lawsuits and rulings

  1. 2022-08-19Settled
    ACM binding commitments from H&M and Decathlon on "Conscious" and "Ecodesign" claims
    Netherlands 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

No insurer decision on record.

What nature saw

Outcomes measured on the ground, and nature's note.

Nature's report opens this page. Below: further outcomes measured on the ground.

Regulator's description of the claims
Unclear and insufficiently substantiated
ACM, 13 September 2022
Independent measurement of environmental benefit
None on record
No measurement in the sources reviewed

What we don't know

Undisclosed, unproven, untried: recorded as data.

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

Voices on record: — Company or project✓ Government and regulators— Courts— Press and investigations— Communities and civil society— Researchers

Government and regulators

  1. Going forward, Decathlon and H&M will provide better information about sustainability to consumers
    Netherlands Authority for Consumers and Markets (ACM) · 2022-09-13
  2. Commitment decision for H&M regarding sustainability claims
    Netherlands Authority for Consumers and Markets (ACM) · 2022-09-13
  3. Commitment decision for Decathlon regarding sustainability claims
    Netherlands Authority for Consumers and Markets (ACM) · 2022-09-13

Connected cases

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