• Sectors we work in banner(2)

    Quick Reads

Scrutiny over 'Greenwashing' continues: ASA upholds complaint over ad claims that Alpro's products are 'Good for the planet'

In September, following the publication of its Green Claims Code the CMA put businesses on notice - they have until the New Year to make sure their environmental claims comply with the law. The ASA, who has been simultaneously reviewing the effectiveness of its own rules in governing environmental claims, has promised to be more proactive in tackling misleading green claims. 

The ASA's proactivity is evidenced this week by a ruling in which the ASA upheld a claim against  plant-based product manufacturer Alpro. The ad in question was for Alpro's plant based milk and yoghurt products and was seen on the side of a bus this time last year. The complainant challenged the ads' claims that almond milk was 'Good for the Planet' given the known environmental damage caused by commercial almond farming. 

Alpro responded to the ASA stating that consumers would understand the wider context of the claims in the ad and in particular the notion that plant based products had a lower environmental impact the equivalent dairy-based products. Alpro stated that "shifting towards more plant-based diets was widely recognised as a way to lower the carbon footprint of the agri-food sector". 

Despite this, the ASA upheld the complaint on the grounds that the CAP Code requires the basis of environmental claims to be clear. In this case, while Alpro provided analysis to demonstrate the environmental impact of two of the products featured in the ad it did not provide an assessment of the environmental impact of the third product. The claim 'Good for the Planet' in the context of this ad could be interpreted in more than one way and there was ambiguity as to what was intended by the claim. The ASA concluded that the basis of the claim, 'Good for the Planet', was unclear and the ad was therefore deemed to be misleading. 

This ruling serves as a reminder that:

  •  greenwashing is the new hot topic for regulators - businesses beware, the regulation around this is only going to get more stringent and the resulting scrutiny more damaging (for more on this see my colleague Caroline Greenwell's recent article Don't Spin the Greenwashing, Caroline Greenwell (charlesrussellspeechlys.com); and 
  • when considering advertising copy remember, each and every environmental claim in an ad must be qualified - not giving regard to the wider context or overall message of the ad.

the CAP Code required that the basis of environmental claims must be clear and that unqualified claims could mislead if they omit significant information.

Our thinking

  • Update on UK Sustainability Reporting Standards: drafts released

    Megan Gray

    Quick Reads

  • Sowing doubt: slashing green farm funding is a risk we can't afford

    Maddie Dunn

    Quick Reads

  • eprivateclient profiles Kerry Stares, Partner & Director of Responsible Business and Pro Bono

    Kerry Stares

    In the Press

  • The EU Omnibus: resetting the rules on sustainability reporting

    Kerry Stares

    Insights

  • Insights for companies from recent ISSB publications on materiality and voluntary application of the ISSB Standards

    Kerry Stares

    Insights

  • ESG litigation risk for UK-headquartered companies in respect of human rights, environmental impact and labour conditions overseas: An update on case law

    Kerry Stares

    Insights

  • iNews quotes Sadie Pitman on Manchester United's new stadium plans and the environmental aspects of major projects

    Sadie Pitman

    In the Press

  • Drapers quotes Kerry Stares on the potential for a review of the Modern Slavery Act 2015

    Kerry Stares

    In the Press

  • The EU Omnibus: resetting the rules on sustainability due diligence

    Kerry Stares

    Insights

  • Charles Russell Speechlys joins Legal Charter 1.5 as a Dialogue Partner and announces its involvement in a new carbon finance project

    Kerry Stares

    News

  • Further protection may mean further complications for development in Protected Landscapes

    Sophie Willis

    Quick Reads

  • The UK’s Clean Power 2030 Action Plan

    Rachael Davidson

    Insights

  • Great British Energy: Planning for a Greener Britain

    Charlotte Inglis

    Insights

  • Insights from FRC’s review of Climate-related Financial Disclosures (“CFD”) by AIM and large private companies

    Megan Gray

    Quick Reads

  • Legal developments set to shape the UK’s Real Estate sector in 2025

    Sarah Morley

    Insights

  • A critical reassessment of the Modern Slavery Act from the House of Lords

    Kerry Stares

    Insights

  • Rachael Davidson writes for Edie.net on the role of the Office for Environmental Protection (OEP)

    Rachael Davidson

    In the Press

  • Hydrogen Hurdles: navigating the path to net zero in the UK

    Rachael Davidson

    Insights

  • Neurodiversity and the Law: Creating a Supportive Work Environment

    Briony Richards

    Insights

  • The EU Deforestation Regulation: an update and what it means for companies

    Kerry Stares

    Insights

Back to top