“All Sorts of Birds Live in the Forest, Squirrels and Bracket Fungi…” The Fight Against Greenwashing - Zeme un valsts

“All Sorts of Birds Live in the Forest, Squirrels and Bracket Fungi…” The Fight Against Greenwashing

Environmental protection around the world often “sits” somewhere between brilliant effectiveness and sheer absurdity. Although most unusual rules are rooted in a rational, noble aim - saving Mother Earth's ecosystems or preventing pollution - their enforcement or penalties can be bizarre and shocking.

Animal Rights and Ecological Noise

In Switzerland, for instance, animal protection law recognises guinea pigs as “social creatures”. Keeping just one is considered cruelty, as well as a breach of animal welfare rules. If one of a pair of guinea pigs dies, the owner must immediately find a replacement. For exactly this kind of emergency, Switzerland has specialised guinea pig “rental” services.

Another example: in Swiss apartment blocks, flushing the toilet after 10pm can legally be classified as acoustic, or noise, pollution.

In Venice, meanwhile, there is a strict ban on feeding pigeons, punishable by a fine of between 80 and 775 euros. The reasoning is both ecological and economic: pigeon droppings are acidic and cause irreversible damage to historic monuments, and pigeons also carry disease.

The Hunt for Sand, Stones and Natural Souvenirs

In Sardinia, a bottle of sand can land you a prison sentence, since the island's beaches are protected natural areas. Taking white sand, pebbles or shells as a souvenir carries a fine of up to 3,000 euros or an actual prison term, as it is treated as theft from the shoreline and the public “maritime domain”. Similar rules, designed to protect coastlines from erosion, also apply on French beaches.

In the Italian town of Eraclea, near Venice, building sandcastles on the beach is banned because they “obstruct the movement of lifeguards” and damage the beach's natural contours.

At historic monuments in Greece, such as the Acropolis in Athens, women are banned from entering in high heels, since thin heels exert enormous pressure per square centimetre, literally crumbling marble that is thousands of years old.

Plastic and Waste Wars

Kenya has the toughest plastic ban in the world: since 2017, producing, selling or even carrying plastic bags has been completely prohibited. If police find so much as an ordinary shopping bag on you, the fine can reach 38,000 US dollars, or up to four years in prison. At airports, tourists have every bag carrying their belongings confiscated.

Singapore has long been famous for its chewing gum embargo. Importing and selling chewing gum is completely banned in the country. The law was introduced because people were sticking chewing gum on metro door sensors, causing public transport delays and huge cleaning costs.

Germany has introduced a coffee-capsule ban. Hamburg became the first city in the world to prohibit the use of single-use coffee capsules, such as Nespresso, in state and municipal buildings, on the grounds that the packaging creates large volumes of waste that are difficult to recycle.

Absurdities and Paradoxes

Russia has a fine for driving a dirty car. Driving a mud-covered vehicle is illegal. Although the rule was originally introduced to keep number plates legible, Russian police tend to interpret it broadly, as damage to the urban aesthetic and as air pollution, since mud falling off a car onto the asphalt turns to dust.

This is one of the more progressive of the laws that businesses initially found “shocking”: supermarkets are not allowed to throw away food nearing its best-before date. It must instead be donated to charities or animal shelters, or the business faces enormous fines.

The history of environmental litigation includes cases that have taken on an “absurd”, contrived or disproportionate character. This usually happens for one of two reasons: either corporations use so-called greenwashing to play the victim in court, or business giants try to silence environmental activists with sham lawsuits - so-called SLAPP suits - creating precedents that bear no relation to reality.

The loudest and most contentious cases in Europe and around the world stand out for their paradoxical nature and consequences.

Apple's “Carbon Neutral” Watches and Eucalyptus Trees

In 2023, Apple aggressively marketed its new Apple Watch models as fully “carbon neutral”. The environmental organisation Deutsche Umwelthilfe sued the company in a German court, proving that the claim was contrived and inaccurate. It turned out that the “carbon neutrality” rested on a highly questionable eucalyptus-planting project in Paraguay, where the land-lease agreements were due to expire soon, meaning the planted trees could be felled without producing any long-term climate benefit. A Frankfurt court banned Apple from using the slogan in Germany, followed by similar consumer class actions in the US. As a result, Apple quietly ended the marketing campaign worldwide.

Keurig and Its “Recyclable” Coffee Pods

Coffee machine and pod manufacturing giant Keurig stated on its packaging for years that its plastic K-Cup pods were “100% recyclable”. Legal proceedings brought against the company proved that, although the plastic itself is theoretically recyclable, the pods are so small that almost no recycling sorting facility can “capture” them, so they automatically end up in landfill or incinerators. The company's claim existed purely to soothe consumers' conscience. Keurig lost in court and agreed to pay a 1.5-million-US-dollar civil penalty, and was also forced to change its labelling, stating clearly on packaging that the product is not recyclable in most regions.

Starbucks and Its “Plastic-Saving” Lids

In 2018, as part of its “Save the Turtles” campaign, Starbucks announced it was giving up plastic straws and introduced new, specially shaped strawless lids. Independent environmental lawyers and researchers were quick to respond, proving that the new design contained more plastic than the “old” lid-and-straw combination put together. In legal disputes and before regulators, the company argued that the newly used plastic - polypropylene - was “more recyclable”. The case did not end in the company's bankruptcy, but it did become a textbook example in legal practice of misleading marketing. Starbucks's reputation suffered badly, and the company was forced to rethink its packaging strategy.

Bamboo Sheets That Turned Out to Be Synthetic

Retail giants Walmart and Kohl's sold home textiles - sheets and towels - marketed as “eco-friendly bamboo products”, attracting environmentally conscious buyers and commanding a higher price. The US Federal Trade Commission brought a case proving that the products were in fact ordinary, chemically intensive rayon, or viscose, whose manufacturing process is extremely harmful to the environment and has nothing to do with natural bamboo fibre. At the end of the proceedings, the companies admitted fault and paid substantial fines: Kohl's parted with 2.5 million, while Walmart paid 3 million US dollars. Both companies were legally barred from using such contrived “green” labels in future without rigorous laboratory evidence.

These cases (and others) have prompted the European Union and the United States to introduce much stricter anti-greenwashing laws, such as the EU Green Claims Directive, which legally bans the use of vague, contrived terms such as “eco”, “green” or “climate-neutral” unless a company can back them up with precise data.

The European Union has declared war on corporate arbitrariness and “green myths”, introducing two interlinked pieces of legislation: the Directive on Empowering Consumers for the Green Transition and the new Green Claims Directive. The new framework fundamentally changes the rules of the game - it will no longer be enough for companies to simply pay a fine once a marketing campaign has ended. The penalties are designed to financially cripple offenders and remove any incentive to risk making false claims.

Financial Penalties of Up to 4% of Annual Turnover

The harshest and most direct instrument is enormous fines. If a company uses unsubstantiated terms such as “eco”, “biodegradable” or “climate-neutral” without scientific evidence, it faces a maximum penalty of at least 4% of its total annual turnover in the relevant EU member state. If a global retailer with a turnover of 1 billion euros in a given region is found guilty of greenwashing, the fine could reach 40 million euros. In some countries, depending on the scale of the breach, local law can raise that ceiling to as much as 10%.

Confiscation of Revenue...

...is one of the more aggressive provisions. If a company has earned profit or revenue from transactions involving misleading environmental claims, regulators will have the power to confiscate the entire revenue generated from selling that particular product. Even if the product itself is of good quality, illegal “green” packaging makes the whole of that profit liable to confiscation.

Exclusion from Public Procurement and Public Funding

Companies caught greenwashing will be barred for up to 12 months from taking part in public procurement and from applying for state or EU fund financing, grants and concessions. For many construction, infrastructure and energy companies, this will effectively mean a halt to business.

A “Pre-Publication” Filter - Ex-ante Verification

The biggest systemic change: companies will no longer be able to publish an advert first and only start thinking about justifying or explaining it afterwards, if someone takes them to court. Any voluntary environmental claim will have to be submitted to accredited, independent verifiers for approval BEFORE it is used in marketing. Without such certification, the advert is automatically unlawful.

Class Actions and Consumer Rights

The directive gives considerable power to NGOs and consumer rights advocates, who will be entitled to bring class-action lawsuits in court on consumers' behalf. Companies will have to reckon not only with state-imposed fines, but also with compensation claims running into millions of euros from buyers who feel they were misled.

How Does This Affect Latvia?

In Latvia, these requirements have been written into amendments to the Law on the Prohibition of Unfair Commercial Practice, which will come into force on 27 September 2026. The Consumer Rights Protection Centre will have the power to immediately order companies to withdraw products, stop campaigns and impose fines of up to 4% of turnover. Generic phrases such as “our green tea” - when “green” refers to the environment rather than colour - or “eco-friendly packaging”, without a detailed, independently verified life-cycle assessment, will become illegal on Latvian shop shelves.

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