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Caroline Swain writes for Startups Magazine on 'Green Claims'

Greenwashing is now a familiar concept to us all but in the pursuit of sales, brands are looking for ways to promote their environmental credentials in a way that is appealing, authentic and, importantly, compliant.

We are now seeing more legal teams involved in crafting and de-risking this [greenwashing] messaging. These ‘cleaner’, ‘greener’ messages are now being stress tested by both in-house and external counsel as the regulators across Europe chase the consumer zeitgeist around greenwashing.

Caroline Swain, Senior Associate, breaks down the legislative framework governing sustainability, for Startups Magazine:

The need to substantiate these claims, in principle, is now understood. The level of substantiation required in order to ensure compliance seems still to be a dark art and yet a high level is mandatory now not only to avoid the eye of the regulators but also to avoid being cancelled by the Gen Z audience.

As the regulations and guidance around these claims continues to evolve, legal teams are being obliged to restrain and pull back the claims of their marketing colleagues. For those without inhouse counsel or the resources to engage outside legal assistance, the best source of guidance in relation to marketing messages is the Advertising Standards Authority.

Read the full piece in Startups Magazine here.

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