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TECHNOLOGY REPORT

whether B2B or B2C, as technology is isations that conduct proper measurements but still make mis- essential.”
intervening and unmasking more firms leading environmental claims. We’re seeing products marketed as He continues: “This attitude is less
breaking the rules. sustainable despite having worse environmental impacts than prevalent in the growing packaging sec-
As Jonathan Rush, knowledge counsel alternatives”. This is a particularly concern for the print and pack- tor but remains common in publishing
at Travers Smith, highlights, for some aging sector. and commercial printing, where action
time the ASA has been using AI-assisted He believes the industry needs “a wake-up call”, which will typically only follows customer
collective advert monitoring. And it likely come through a major scandal with, say, a prominent con- demand.”
appears to be catching firms out over sumer brand facing negative publicity for greenwashing on pack- He doesn’t want to name specific
their claims. aging. offenders but feels that any company
As he points out, “over the period of Notably Harris sees major brands as being highly conscious of claiming to be ‘green,’ ‘sustainable,’ or
2022-23, the body saw a 30-fold increase green claims compliance and that “it’s rare to see weak or unsub- ‘carbon negative’ without supporting
in the number of adverts it has been able stantiated claims on consumer-facing packaging”. He adds, studies is taking significant risks.
to analyse. This, along with the ASA’s though, that “this doesn’t necessarily reflect manufacturer prac-
new strategy to proactively pursue tices; many problematic claims simply don’t reach the consumer Advising the print sector
instances of greenwashing, means that domain”. If Harris were to advise a new client,
businesses across many sectors are now Even so, James Best, chair of the Committee of Advertising he would state that “the solution is
falling foul of the regulator.” Practice, said in the above report that perhaps the “most impor- straightforward in principle but requires
By the end of 2023, the AI tool was tant work in the long term [of the ASA] has been concerned with commitment in practice”.
processing over 500,000 adverts a environmental claims”, including work clarifying what ‘green Fundamentally, he says that busi-
month and the ASA says that it contrib- claims’ mean and determining how climate change and mitigat- nesses must measure their carbon foot-
uted to the majority of adverts which ing technologies should be communicated in adverts. print as well as other environmental
were amended/withdrawn following And this, says Rush, “is evidenced by the ASA’s increased activ- impacts such as water usage and sources
ASA action that year. ity in the ESG space. In 2023, it introduced new guidelines on of fibre and develop reduction plans over
Consequently, Rush thinks it impor- environmental claims in advertising, and in recent years it has time. And as greenwashing most com-
It’s not easy being green understand the heightened risks they number of misleading environmental claims”. he, understandably, advocates for the
tant that organisations and businesses
actively investigated and made findings in relation to a significant
monly occurs in product-specific claims,
use of specialists to “stand alongside
face from increased scrutiny of green
claims they make and also, what they
tion and guide them away from unsub-
can to do to minimise their exposure. He Why greenwashing happens companies to help enhance their reputa-
As to why greenwashing occurs, some put it down to the desire
takes a moment to highlight the fact that to win business from eco-orientated customers and please stake- stantiated environmental claims”.
the ASA’s 2023 Annual Report set out its holders, others say it’s because of ignorance or a genuine misun- But from a legal perspective, Rush
five-year strategy which relies on derstanding of the rules. But for Harris, while deliberate says that “what regulators are asking
AI-assisted collective advert regulation greenwashing exists, his experience shows that it typically stems business to do is arguably no different in
to shift the ASA from complaints-led from naivety and knowledge gaps. And he thinks that the funda- principle from what they expect with
investigations to proactive monitoring mental issue often revolves around products perceived as ‘greener’ regard to any type of marketing claim,
and enforcement. – such as fibre-based materials – without scientific validation of namely that it should be supported by
“This,” says Rush, “is a significant their environmental impact. Says Harris: “We’ve witnessed cases adequate evidence; and not be expressed
change, and establishes the ASA as a where businesses ignore scientific evidence and continue promot- in a way that gives a misleading impres-
more visible and dynamic regulator in ing products as environmentally superior, which constitutes clear sion, particularly when it comes to the
the ESG space; the report makes clear greenwashing.” business’ overall impact on the environ-
ment”.
that environmental claims remain a top This said, he adds: “If you come across a buyer who understands He thinks that high carbon-emitting
priority for the regulator.” sustainability, they will generally conduct their own assessment business should be particularly con-
and will tend to ignore general marketing claims made by the sup-
More than a definition plier.” Such buyers are looking for independently verified assess- cerned by this last point. None of this
should mean that green claims are com-
Greenwashing is easily defined. As the ments such as a product carbon footprint (PCF), a wider lifecycle pletely off the table; on the contrary, the
Law Society – among others –notes, it carbon assessment (LCA) or a standardised environmental prod- ASA sees businesses that have managed
“occurs where an environmental claim uct declaration (EPD). Accordingly, he’s seen the worst of both to strike the right balance through the
made about a business, product or ser- worlds, “where what are often innocent greenwashing claims are inclusion of straightforward ads that
vice is untrue or misleading”. generally only taken seriously by inexperienced buyers”. acknowledges the less-climate-positive
For Harris, the term greenwashing is Harris reckons that most issues arise from companies cutting aspects of their activities, that indicates
quite old now. Even so, he thinks that corners, attempting internal assessments, or relying on under- how early in their journey they are, or
despite increasing legislation and corpo- qualified advisers. That said, he considers that the primary mis- that provides summary details of their
rate commitments, greenwashing take is avoiding proper science-led studies, often due to financial future planned activities. Such material
remains a persistent challenge. In his constraints. “In our low-margin industry, many printers view does not have to dominate, but it must
view, “the real issue now lies with organ- comprehensive environmental studies as optional rather than not be hidden away.

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