Norway has adopted, but not yet brought into force, new rules on environmental marketing claims. (Its entry into force to be decided by the King, expected 27 September 2026). The rules are part of changes to the Norwegian Marketing Control Act and implement Directive (EU) 2024/825 on empowering consumers for the green transition,
The new rules strengthen the existing Norwegian approach: environmental claims must be clear, specific and capable of being documented.
The point of practical importance for foreign producers selling into Norway through distributors, agents or franchisees is that the regime is not organized around who manufactured the product. It is organized around who communicates. What matters is how the product is marketed, what claims are made, and whether those claims can be substantiated when they reach Norwegian consumers or otherwise affect demand in Norway.
Strict regulation
The new rules use a broad definition of environmental claims. A claim may be an environmental claim even if it is not a full sentence. Words, pictures, symbols, labels, brand names, product names and other forms of commercial communication may all be covered.
A claim can also be covered if it only suggests that a product, service, brand or company has a positive environmental effect, has no environmental effect, is less harmful than others, or has improved over time.
A business that makes factual claims in marketing must be able to document them. The documentation must be available when the marketing takes place.
This means that a company should not use an environmental claim first and collect evidence later. The claim must be checked before it is used in advertisements, packaging, websites, catalogues, social media, sales presentations or other marketing material.
The new rules also regulate sustainability labels. A sustainability label is a voluntary trust mark, quality mark or similar label that promotes environmental or social qualities.
A certification scheme is not the same as a label. A certification scheme involves third-party monitoring and publicly available requirements that confirm that a product, process or business meets certain standards.
A business should not make a future environmental claim unless it is supported by clear, objective and verifiable commitments. The plan should be realistic, detailed and include measurable and time-bound targets. It should also be possible for consumers to understand what the claim is based on.
Responsibility in the distribution chain
The main rule is simple: the business that uses the claim should be able to support it. This applies across the distribution chain.
A distributor will not automatically face sanctions merely repeating a manufacturer’s claim that later proves false. However, once the distributor uses the claim in its own Norwegian marketing, it must be able to substantiate the claim and may be treated as responsible or as a contributor if the claim is misleading or undocumented. Reliance on manufacturer material is therefore not enough where the claim is unclear, broad or obviously unsupported.
Where local marketing is adapted by the distributor, additional care is required. If the distributor changes the claim, translates it, adds stronger wording or uses it in a new context, the distributor assumes a greater responsibility.
Advice for producers, franchisors and suppliers
A producer, franchisor or supplier that sells through a distributor, agent, franchisee or retail network in Norway should assume that centrally produced marketing material will be assessed under Norwegian law when used in Norway.
This means that claims should not simply be translated. They should be localized. A claim that works in another market may be too broad, too vague or insufficiently documented in Norway.
The producer, franchisor or supplier should also expect that the documentation file may be requested. The distributor, agent, franchisee or retailer should have the relevant documentation before the claim is first used in Norway.
If the producer or franchisor requires a Norwegian distributor or franchisee to use non-compliant marketing material, this may create separate risk for the producer or franchisor.
Also prepare to review your agreements. In distribution, agency, supply and franchise agreements, Norwegian distributors may ask the producer or franchisor to warrant that claims, labels, packaging and supporting documentation supplied for the Norwegian or EEA market are accurate, current and substantiated.
The agreement should also be checked if it regulates when and how the documentation file must be provided. A practical approach is to require that the documentation file is provided to the distributor, agent, franchisee or other local market operator before first use of the claim in Norway.
Franchise systems
Franchise systems create a special issue. The franchisor will often require the franchisee to follow brand rules, marketing manuals and centrally approved campaign material.
To secure its position a franchisee or distributor may request to include in the contract the right to withdraw, qualify for or correct an environmental claim without breaching brand-conformity rules, marketing-material obligations or manual franchise requirements.
Enforcement and sanctions
The Norwegian Consumer Authority (Forbrukertilsynet) supervises compliance with the Norwegian Marketing Control Act (sections 32 and 35), and the Market Council (Markedsrådet) is the appeals body that reviews the Consumer Authority’s decisions.
They may issue prohibition decisions and orders requiring corrective action. These decisions and orders may be combined with coercive fines to secure compliance.
Sanctions are not automatic for every mistake. But for intentional or negligent breaches that are material or repeated, an infringement penalty may be imposed. Under section 3 of the Regulation of 14 February 2023 No. 193 on the calculation of coercive fines and infringement penalties (utmålingsforskriften), the infringement penalty may not exceed 4 per cent of the trader’s annual turnover or NOK 25 million, whichever is the higher.
Timing
The Norwegian changes were adopted to implement Directive (EU) 2024/825. The Directive had to be transposed by 27 March 2026 and applies in the EU from 27 September 2026. The Norwegian amendments enter into force when the King so decides, and the Norwegian Consumer Authority expects them to apply in Norway from 27 September 2026.
Carl Christiansen, IDI Country Expert for agency and distribution in Norway.
