Is it a violation of the Danish Marketing Act and an act of greenwashing when Danish Crown uses the term ‘Climate-Controlled Pig’ and the slogan ‘Danish pig is more climate- friendly than you think’ on its pork?
This is what the court will decide when Denmark’s first climate lawsuit begins on Monday, November 20., in the Western High Court in Viborg, Denmark. On the side of the plaintiff are the two NGO’s Vegetarian Society of Denmark (Dansk Vegetarisk Forening) and the Climate Movement of Denmark (Foreningen Klimabevægelsen i Danmark). The case is the culmination of a long-standing struggle by the two Danish NGO’s to stop companies from marketing their products as green, sustainable, or climate-friendly without having the documentation in order.
The current Danish system, where complaints about greenwashing of food gather dust for years with the Consumer Ombudsman, only to end up at the Danish Veterinary and Food Administration (Fødevarestyrelsen), is failing. The latter can impose fines of just up to DKK 10,000, and therefore it is virtually free for large companies to praise their products in misleading ways regarding climate and sustainability.
“The fact of the matter is that intensive animal farming is one of the most climate and environmentally damaging industries in the world. It is incomprehensible that giants like Danish Crown have, until now, virtually had a free pass to promote climate-damaging goods such as pork as they see fit. There is an urgent need for the courts to draw a line in the sand,” says Rune-Christoffer Dragsdahl, general secretary of the Vegetarian Society of Denmark (Dansk Vegetarisk Forening).
A ruling is necessary for the climate debate
The climate movement Foreningen Klimabevægelsen i Danmark believes that a decision in the case is necessary in order to move forward in the climate debate.
“Greenwashing is one of the biggest threats to a rapid and fair green transition. Danish Crown has contributed to misleading the public about the real climate impact of meat production. It has had a harmful effect on consumers’ ability to spare the climate as well as the entire national debate on climate and meat. How can one speak objectively about the climate when companies spend millions on such misleading campaigns? We expect the court to put an end to this now,” says Frederik Roland Sandby, spokesperson of Klimabevægelsen i Danmark.
Since the case was filed it has grown larger than expected, as the Danish farmers’ association “Landbrug & Fødevarer” as well as Danish Industry (Dansk Industri) have intervened in support of Danish Crown. On the other side of the table, the Danish consumer council, Forbrugerrådet Tænk, has positioned itself on the side of the green organizations and the consumers.
“As consumers, we must fundamentally be able to trust that the companies are honest and correct in their marketing so we can make a real and informed choice when shopping. If the marketing is misleading, it becomes impossible for us to choose between products. It takes away the initiative and action from us, not only because it harms the green transition but also because it harms the companies that actually live up to their marketing. Therefore, we consider this a very principled and important lawsuit that can have a significant impact on the marketing of large green initiatives in the future and thus the entire green transition,” says Anja Philip, the chairman of Forbrugerrådet Tænk.
Lawyers: The case will serve as a future guideline
The trial begins in the Western High Court in the Danish town of Viborg on Monday, November 20, and runs over 6 court days: November 20-22 and December 4-6. The case is conducted by lawyer Kurt Helles Bardeleben from Sirius Advokater for Klimabevægelsen and lawyer Marc Stounberg from Kontra Advokater for the Vegetarian Society of Denmark. The two lawyers state:
“It is our clear assessment that Danish Crown’s marketing campaign ‘Danish pig is more climate-friendly than you think’ and ‘Climate-Controlled Pig’ was in violation of the prohibition against misleading marketing, and that is what the court must now decide. It is the first time a case of greenwashing has been brought before the Danish courts. This means that it will be the court’s decision that will henceforth be a guideline when determining whether something is illegal greenwashing or legal green marketing. It is a fundamental question of great importance for consumers and the green transition.”