Kerry Stares and Megan Gray write for Business Green on environmental marketing and compliance with the UK's Green Claims Code

In a recent investigation, Which? magazine found that more than six-in-ten online product listings failed basic tests under the UK's Green Claims Code. It's a stark finding and a timely reminder that the legal perimeter around environmental marketing is
tightening fast.

In an article for Business Green, Kerry Stares, Partner and Director of Responsible Business and Megan Gray, Knowledge Development Lawyer (ESG) highlight the urgent need for businesses to reassess their approach to sustainability claims in light of increasing scrutiny and regulatory pressure. 

Businesses, even those genuinely committed to sustainability, face the challenge of navigating complex regulations that demand clarity and substantiation in green claims.

Misleading claims can arise even if they are technically true, such as labelling a product as "eco-friendly" due to a recyclable component while ignoring other non-sustainable aspects. The regulatory environment is becoming more assertive, with bodies like the CMA, ASA, and FCA intensifying their scrutiny and enforcement actions. The ASA, for instance, has adopted AI tools to proactively identify misleading advertisements, broadening the scope of oversight.

This trend is not confined to the UK; similar measures are being implemented across the EU and the US, with the EU’s Green Claims Directive and the US Federal Trade Commission’s review of its Green Guides. 

Read the full piece in Business Green here.