How to do Sustainability Claims Right

Having a story to tell on sustainability is increasingly expected to the point that it is becoming a necessity.  But it is a necessity that carries significant legal risk particularly in light of ASA in CMA enforcement around misleading green claims or green washing.

So how do you do it right?  Here are some top tips on issues to think about upfront.

Be Honest About Your Sustainability Journey

Be transparent about where your business and brand stand on the sustainability journey. Share both the positives AND the negatives.  Make sure that the story you are telling about the positives is contextualised so that consumers understand how this fits into your entire business and brand.  If the initiative you are talking is a small-scale a pilot about or only applies to one of your many brands then say so.  Do not inflate the significance to the entire business.

Document and Monitor Your Journey

Treat your sustainability efforts like a business plan. Set Key Performance Indicators (KPIs) and monitor them regularly. Keep any claims about your plan under review as you assess the KPIs. If you miss a KPI, you might need to amend the claim. Conversely, if you exceed it, celebrate this achievement by updating your claim.

Be Clear About Your Claims

Ensure that your claims are clear and specific. Don't rely on disclaimers or tiny text at the bottom of the screen to fix any omissions – this is misleading. If you don't specify what your claim is about, it will be assumed to cover the total life cycle of your product, brand or business so unless this is the case and you have the data to prove it then avoid non-specific claims.

Make Accurate Comparisons

When making comparisons, adhere to the specific rules about comparing to other brands, including the need for public verification information. If you prefer not to comply with these rules, consider comparing your product to its previous versions. Highlight the improvements you've made to make your product greener than before.

Think about imagery and colour

We use colour and imagery because it imparts a compelling message to consumers.  Which means that an image or use of colour can be considered a claim in of itself or can influence the meaning of other claims.  So heavy use of the colour green and natural imagery could turn a general claim about doing good or similar into an environmental claim.  So review your content in the context of the colour and imagery that is being used.  Think about how consumers understand this and do you have the data to substantiate that interpretation?

This is far from an exhaustive list but if you consider the points above it should help to steer you in the right direction.  Mills & Reeve have extensive experience on reviewing sustainability reports and advertising and can support as needed on a deeper legal review.