The following Commercial guidance note Produced in partnership with David Bond and Sonal Patel of Fieldfisher LLP provides comprehensive and up to date legal information covering:
This Practice Note summarises the principal controls surrounding the use of environmental claims in advertising and covers the following key areas: overview of environmental claims in advertising, the relevant legislation, the self-regulatory codes and the sanctions for non-compliance.
Sanctions for non-compliance
The use of environmental claims in marketing material is increasing as consumers become more educated about the environmental impacts of the products and services they use. Businesses are taking advantage of this new awareness by actively promoting their environmental credentials. These may include claims such as ‘environmentally friendly’ or advertising a product or service as being ‘green’, ‘clean’, or ‘carbon neutral’. While the number of such claims has increased, the Advertising Standards Authority (ASA), the body responsible for policing advertising within the UK, has received a simultaneous increase in the number of complaints relating to environmental claims in advertising.
The Consumer Protection from Unfair Trading Regulations 2008 (CPUTR 2008) govern all advertising and commercial practices in the UK and apply to any act, omission or any other commercial practice by a business that is involved in the promotion, sale or supply of products (including services) to consumers. CPUTR 2008 contain a general prohibition on unfair commercial practices, specific prohibitions on misleading or aggressive commercial practices and an
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