• Sectors we work in banner(2)

    Quick Reads

Don't Spin the Greenwashing

min read

Brands are increasingly putting sustainability and environmentalism at the core of their identities. With environmentally conscious consumers demanding greener products, brands have been under more pressure than ever before to publicise their environmental credentials. This pressure looks set to increase further as research suggests sustainability has been a bigger concern for consumers since the Covid-19 pandemic began.

Perhaps it’s inevitable therefore that some companies have been tempted to exaggerate their green credentials. But to what extent is this a problem for consumers and brands alike?

The rise of greenwashing has put a sharp focus on the claims various companies and brands use as part of their marketing. “Greenwashing” is a term used to describe companies which give a false or misleading impression about their impact on the environment. It was first coined in 1986 by environmentalist Jay Westerveld to describe a hotel that claimed to reuse towels to help the planet when actually it was just trying to save money.

Soft drinks giant Coca-Cola recently faced legal action by US environmental group The Earth Island Institute for greenwashing. They argued that Coca-Cola couldn’t label itself as sustainable or environmentally friendly while continuing to generate millions of tonnes of plastic waste every year. Coca-Cola are not alone; plant-based business Oatly has also been accused of misleading consumers, an allegation Oatly has denied.

Marketing has always involved an element of spin. How many people actually thought Red Bull could give you wings? However, this is different, particularly as the claims cannot be easily fact-checked by the consumer and so have to be accepted on face value.

This is where regulators are increasingly stepping in. In November 2020, the CMA launched an investigation into misleading environmental claims and ASA are also considering how effective current rules are in governing environmental claims. Draft guidance released by the CMA in May 2021 proposed all environment claims should follow six key principles, including that “businesses should be able to back up their claims with robust, credible and up-to-date evidence.”

Greenwashing does provide some good news. It shows the efforts brands are willing to make to respond to the environmental concerns of its consumers. Whilst litigation and regulatory pressure may not have a huge impact at present, the real issue is likely to be reputational damage. Bad publicity may lead to consumers switching their allegiance to brands which are perceived as greener and more environmentally sustainable.

Brands have always competed on price, but increasingly they will compete on sustainability. The question is whether brands can really afford to simply provide lip service to consumer expectations? The cost of greenwashing may prove more expensive than the environmental initiatives themselves.

How to spot greenwashing and why brands were caught out

Our thinking

  • IBA Annual Conference 2026

    Jean-Baptiste Beauvoir-Planson

    Events

  • Charles Russell Speechlys Opens New York Office and Connecticut Practice

    Simon Ridpath

    News

    min read
  • Disputes Over Donuts: Sports Arbitration

    Jue Jun Lu

    Podcasts

  • Saudi Center for Commercial Arbitration issues update on arbitration in Saudi Arabia

    Peter Smith

    Insights

    min read
  • First Sanction Against a Health Data Warehouse Controller

    Marguerite Brac de La Perrière

    Insights

    min read
  • Omnibus and Digital Health: Simplification Objective and Resistance from Authorities and Member States

    Marguerite Brac de La Perrière

    Insights

    min read
  • AI in Healthcare in France: CNIL and HAS Guidance on Best Practices, from Development to Use

    Marguerite Brac de La Perrière

    Insights

    min read
  • Back-to-back is not enough: UAE construction subcontracts and multiparty arbitration under the 2026 ICC Rules

    Glenn Bull

    Insights

    min read
  • London International Disputes Week 2026: Key Takeaways on Follow-On Claims in International Sport

    Daniel McDonagh

    Quick Reads

    min read
  • Disputes Over Donuts: The UAE’s New Civil Code - Implications for Construction Contracts

    Paula Boast MBE

    Insights

  • London International Disputes Week 2026: Key Takeaways on Open Justice and the Growing Reputational Stakes of Litigation

    Claudine Morgan

    Insights

    min read
  • London International Disputes Week 2026: Key Takeaways on Resolving China-Related Disputes in a Global Era

    Jue Jun Lu

    Insights

  • Frédéric Jeannin and Georgia Fullarton write in Daily Jus on significant French cases in international arbitration

    Frédéric Jeannin

    In the Press

    min read
  • Charles Russell Speechlys obtains Hadkinson order in relation to proceedings to return a child to her father

    Vanessa Duff

    News

    min read
  • ‘Sharenting’ and consent – UAE ruling on posting photos of children online

    Miranda Fisher

    Quick Reads

    min read
  • ‘Don’t Lose Ur Head’…But It Might Lose You Money: Conduct in the No-Fault Divorce Era

    Cara Fung

    Quick Reads

    min read
  • Claudine Morgan, Hannah Gornall and Ellen Roberts write in New Law Journal about the implications of a landmark anti-SLAPP judgment

    Claudine Morgan

    In the Press

    min read
  • India-UAE BIT 2024: What to Expect When You’re Investing

    Thomas R. Snider

    Insights

    min read
  • Affidavits in International Litigation - Lessons for Trust Companies from a Recent Geneva Judgment

    Bruno Ledrappier

    Quick Reads

    min read
  • The Increased Expedited Procedure Threshold under the 2026 ICC Rules: What Does It Mean for Mid-Value Construction Disputes in the UAE?

    Glenn Bull

    Insights

    min read
Back to top