But it’s not just about greenwashing away your customers, as you’ll also have to deal with recent and upcoming regulations.
To protect consumers from greenwashing, the European Union (EU) commission has drafted some new rules. Their initiative will compel companies to produce reliable, comparable and verifiable claims based on Product Environmental Footprint (PEF) and Organisation Environmental Footprint (OEF) methods. Developed to measure the environmental performance of products and organisations, these standards rely on Life Cycle Assessment (LCA) – you can learn more about LCA in our blog Life Cycle Assessment (LCA) explained.
To protect consumers from fashion brands’ greenwashing, last September the UK-based Competition & Markets Authority (CMA) published the green claims code. The CMA is currently investigating several fashion companies that are sustainable on paper. However, they’ll soon release a list of British fashion brands that greenwash. While the fashion sector is CMA’s main target, the food industry will come next. When breaching the green claim code, businesses may face both civil action or criminal prosecution. Besides paying redress to customers or seeing a drop in your sales, failing to comply with these stricter laws against greenwashing could lead to fines and lawsuits.
After a law upgrade in April 2021, French businesses accused of greenwashing can now pay up to 80% of the cost of a false promotional campaign. Like many other things, greenwashing has evolved with climate change, giving rise to the so-called climate washing. While the principle is always the same, in this case a company is guilty of climate washing when reporting unclear carbon reduction stratagems or metrics for instance. Unfortunately, the number of firms engaged in climate washing litigations are on the rise. Allbirds is one of the latest victims of this rising trend. A group of plaintiffs filed a complaint against the fashion brand in a New York federal court last year. According to litigators, the LCA tool used by Allbirds doesn’t assess the carbon footprint of their footwear across the whole supply chain, thus leading to an underestimation of their environmental impact.