In today’s climate-conscious world, brands are increasingly expected to step up and play their part in the fight against global warming. However, as environmental and sustainability issues take centre stage, so does the scrutiny on companies’ green claims. While many companies have been called out for green washing, there’s a new trend emerging – “green hushing”. Some companies are choosing to keep their green strategies and targets under wraps to avoid accusations of green washing. But is this really the way forward?

So, how can brands effectively advertise their environmental claims while staying compliant?

The Governing Bodies

In the UK, environmental advertising falls under the watchful eyes of the Advertising Standards Authority (ASA) and the Competition and Markets Authority (CMA). The ASA scrutinizes green claims in advertising enforcing the CAP Code. Whilst they can’t levy fines, their rulings often wield significant reputational consequences for brands found guilty of green washing.

The CMA however has a broader remit, covering claims on packaging, company prospectuses, and more, applying consumer law and protection regulations. Armed with expanded powers under the Digital Markets, Competition, and Consumer Bill 2023, this regulatory powerhouse now has the authority to impose penalties of up to 10% of a brand’s global turnover for unsubstantiated or misleading environmental claims. In cases where an individual is responsible for the misleading claims, they could face fines of up to £300,000. With the threat of hefty fines looming, brands are under increasing pressure to ensure their environmental messaging is not just green, but genuine.

To ensure your brand stays on the green side of advertising, here are some key principles to follow:

• Truthful and accurate: Ensure your environmental claims are based on verifiable facts and data.
• Clear and unambiguous: Avoid vague or misleading statements that could confuse consumers.
• Transparency: Don’t omit or hide important information that could impact consumers’ understanding of your product’s environmental impact.
• Fair and meaningful comparisons: If you’re comparing your product to others, ensure the comparison is accurate and relevant.
• Consider the full lifecycle: Take into account the environmental impact of your product or service from creation to disposal.
• Substantiated: Back up your claims with evidence and data.

By adhering to these principles, brands can effectively market their environmental commitments while maintaining trust and integrity with consumers. In a world where sustainability is no longer just a buzzword but a necessity, responsible green advertising is key to driving positive change.

International Initiatives: A Global Push for Transparency 

Beyond the UK, countries worldwide are taking steps to combat green washing and promote transparent environmental advertising practices. In Europe, the approval of the Green Claims Directive by the European Parliament signals a commitment to protecting consumers from misleading environmental claims. Meanwhile, in the USA, the Federal Trade Commission (FTC) is considering updates to its Green Guides to reflect evolving consumer perceptions.

Even down under in Australia, the competition watchdog has made green washing a top priority, cracking down on misleading environmental claims to ensure brands uphold transparency and integrity.