The Lawyers Guide to Greenwashing

Greenwashing:

The Lawyer’s Guide to Environmental Misrepresentation


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As worldwide attention on environmental concerns intensifies, the legal sector is pivotal in spearheading transformation and endorsing ethical business strategies to counteract greenwashing.


As companies intensify their attention on ethical leadership and sustainability, it becomes vital for legal firms to provide expert advice, assisting them in traversing the rapidly evolving and intricate regulatory environment.


We are excited to announce the launch of our new book Greenwashing: The Lawyer’s Guide to Environmental Misrepresentation.


This comprehensive guide delves into the history and methodologies of greenwashing, and subsequently highlights the rapidly changing legal structures in the UK, Europe, North America, and Asia Pacific.


Key areas covered include:


  • Journey through time - Learn how greenwashing has evolved hand-in-hand with rising environmental awareness. From its humble beginnings to its widespread impact today.
  • Deception techniques unveiled - Explore the myriad tactics, from the subtle “claim greenwashing” to the novel concept of “greenhushing”.
  • Corporate case examples: From major brands like KLM, Shell, Coca Cola to the unexpected like Coldplay and WWF.
  • Regulatory landscapes uncovered - Witness how legal frameworks across UK, Europe, North America, and Asia Pacific are evolving in response to greenwashing.

OVERVIEW

Greenwashing: The Lawyer’s Guide to Environmental Misrepresentation features expert Insights from global law firms at the forefront of the battle against greenwashing: 


  • Clifford Chance
  • Clyde & Co
  • Gowling WLG
  • Kennedys
  • Linklaters
  • Matheson
  • Miller Thomson
  • Mishcon de Reya
  • Orrick
  • Taylor Wessing


Don't miss the opportunity to keep your practice up to date with the current greenwashing regulations and enhance your firm's reputation as an environmental leader in the legal sector.


Pre-order your copy of The Greenwashing: The Lawyer’s Guide to Environmental Misrepresentation today.


Format: eBook

Pages: 124

Publish Date: September 18th 


FOREWORD

In an age where climate change looms as the existential challenge of our generation, the rallying cries for sustainability, corporate responsibility, and eco-friendliness grow louder each day.


As governments, corporations, and individuals grapple with the pressing need to transition to more sustainable modes of living and working, it has become abundantly clear that actions speak louder than words. Yet, in the midst of this global call for environmental stewardship, a sinister phenomenon emerges from the shadows: greenwashing.


This book delves deep into the intricate world of greenwashing, shedding light on its history, methodologies, and impact.


At its core, greenwashing refers to the practice of businesses making overstated or false claims about the environmental virtues of their products, services, or practices. It’s a marketing strategy designed to tap into the burgeoning consumer demand for sustainable products, without the corresponding action or commitment.


As you’ll discover in the pages that follow, the methods are manifold – from ambiguous language and deceptive imagery to out-and-out false claims.

Chapter 1 traces the history of greenwashing, examining how it evolved hand-in-hand with rising environmental awareness. What started as innocuous exaggerations has now morphed into a pervasive global issue.


Chapter 2 delves into the techniques of greenwashing, from the subtle to the overt, from “claim greenwashing” to the novel concept of “greenhushing”.


Chapter 3 looks at the business landscape of greenwashing and presents a sector-by-sector breakdown, offering insight into how different industries employ greenwashing techniques. Through case examples, we uncover the green veneer of sectors from aviation and energy to finance and retail. These examples serve as stark reminders of the disparity that often exists between corporate rhetoric

and reality.


Chapter 4 explores the legal frameworks and regulations aimed at curbing greenwashing. As we traverse the regulatory landscapes of the UK, Europe, North America, and the Asia Pacific, we witness

the increasingly robust legal responses to greenwashing. Yet, gaps remain, and the balance between encouraging genuine sustainable practices and penalising deceitful ones is delicate.


CONTENTS

  • 1. Introduction to greenwashing

    • 1.1 The history of greenwashing
    • 1.2 Global sweep finds 40% of firms’ green claims could be misleading
    • 1.3 The evolution of greenwashing
    • 1.4 The rise of environmental awareness
    • 1. 5 Increasing consumer demand for sustainable products and services
    • 1.6 The role of media and public opinion in shaping environmental awareness
    • 1. 7 Companies struggling to accurately gauge their sustainability initiatives
    • 1.8 ESG reporting and the risk of greenwashing 

  • 2. Greenwashing techniques

    • 2.1 The evolution of greenwashing techniques 
    • 2.1.2 What is executional greenwashing? 
    • 2.1.3 What is claim greenwashing?
    • 2.1.4 The Seven Sins of Greenwashing
    • 2.1.5 Selective disclosure
    • 2.1.6 Greenhushing: A new trend in sustainability communication

  • 3. The business landscape of greenwashing

    • 3.1 Aviation
    • 3.1.1 Carbon neutral airports
    • 3.1.2 Sustainable aviation fuels 
    • 3.1.3 Case examples
    • 3.2 Energy 
    • 3.2.1 BP and Shell’s social media campaigns since the launch of the
    • 3.2.2 Case examples 
    • 3.3 Financial Services 
    • 3.3.1 Sustainability-linked loans 
    • 3.3.2 The EU
    • 3.3.3 Singapore
    • 3.3.4 Litigation Risks Posed by “Greenwashing” Claims for ESG Funds
    • 3.3.5 Case examples
    • 3.4 Consumer Goods and Retail
    • 3.4.1 Case examples
    • 3.5 Sport
    • 3.5.1 Case examples

  • 4. Legal framework and regulations

    • 4.1 UK
    • 4.1.2 Green Claims Code
    • 4.1.2 The Advertising Standards Authority (ASA)
    • 4.1.3 Committee of Advertising Practice (CAP)
    • 4.1.4 The Business Protection from Misleading Marketing Regulations 2008 (BPR)
    • 4.1.5 The Consumer Protection from Unfair Trading Regulations 2008 (CPUTR)
    • Key provisions of the CPUTR
    • Misleading actions
    • Misleading omissions
    • 4.1.6 The UK Digital Markets, Competition, and Consumer Bill (Bill)
    • 4.1.7 UK Financial Conduct Authority (FCA)
    • Expert comment - Greenwashing: Exploring the risks of misleading environmental marketing (Gowling WLG)
    • Expert comment - UK: Countdown to a super-charged CMA with significant fining powers for “greenwashing” (Linklaters) 
    • 4.2 Europe
    • 4.2.1 EU Unfair Commercial Practices Directive (European Union)
    • 4.2.2 EU Green Claims Directive 
    • 4.2.3 Corporate Sustainability Reporting Directive 
    • 4.2.4 EU Right to Repair Directive
    • 4.2.5 EU Sustainable Finance Disclosure Regulation (SFDR) 
    • 4.2.6 EU Taxonomy Regulation 
    • 4.2.7 EU Green Bond Standard
    • 4.2.8 European Green Deal Proposed Directive 
    • 4.2.9 The Ecolabel Regulation 
    • Development of the Ecolabel Criteria 
    • Function of the Ecolabel 
    • Revisions and Future Developments 
    • 4.2.10 The Energy Labelling Directive
    • 4.2.11 The Emissions Trading System (ETS)
    • Expert comment - Upcoming Green Legislative Reform for the Retail Sector (Mishcon de Reya)
    • Expert comment - EU Proposes New “Green Claims Directive” Targeting Greenwashing in Consumer Products (Taylor Wessing) 
    • Expert comment - ESG: Greenwashing and the EU Taxonomy Regulation - Part 1 - Greenwashing, What is it? (Matheson)
    • Expert comment - ESG: Greenwashing and the EU Taxonomy Regulation Part 2 - The Screening Criteria 
    • Expert comment - Greenwashing: Exploring the risks of misleading environmental marketing (France) - Gowling WLG
    • Expert comment - ESAs publish first reports on greenwashing risks (Ropes & Gray)
    • 4.3 North America 
    • 4.3.1 US 
    • 4.3.1.1 Federal Trade Commission (FTC) Green Guides 
    • 4.3.1.2 The Securities and Exchange Commission 
    • 4.3.2 Canada 
    • 4.3.2.1 Competition Act 
    • 4.3.2.2 Consumer Packaging and Labelling Act 
    • 4.3.2.3 Environmental Protection Act 
    • Expert comment - The FTC’s Green Guide Updates: What Companies Need to Know (Orrick) 
    • Expert comment - SEC Begins “Greenwashing” Enforcement: A Sign of Increasing Risk to Come? (Clifford Chance)
    • Expert comment - Greenwashing: Exploring the risks of misleading environmental marketing (Gowling WLG)
    • Expert comment - Greenwashing in Canada: Enforcement and trends for 2023 (Miller Thomson)
    • 4.4 Asia Pacific 
    • 4.4.1 Australia 
    • 4.4.1.1 Australian Consumer Law (ACL) 
    • 4.4.1.2 Competition and Consumer Act 2010 (CCA)
    • 4.4.1.3 Corporations Act 2001
    • 4.4.1.4 Australian Securities and Investments Commission Act 2001 
    • 4.4.2 China 
    • 4.4.2.1 Advertising Law of the People’s Republic of China 
    • 4.4.2.2 Law of the People’s Republic of China on the Protection of Consumer Rights and Interests 106
    • 4.4.2.3 Measures for the Administration of Environmental Labeling of Products 
    • 4.4.2.4 People’s Republic of China (PRC) Environmental Protection Law 
    • 4.4.3 Singapore
    • 4.4.3.1 Regulatory Measures to Address Greenwashing
    • 4.4.3.2 International Collaboration and Guidance
    • 4.4.4 New Zealand
    • 4.4.4.1 Fair Trading Act 1986
    • 4.4.4.2 Consumer Guarantees Act 1993
    • 4.4.4.3 Advertising Standards Authority (ASA) Code of Ethics
    • 4.4.4.4 Environmental Claims Guidelines 111
    • 4.4.4.5 New Zealand’s Zero Carbon Act and Climate Change Commission
    • Expert comment - The regulator crack-down: will it all come out in the greenwash? (Kennedys)
    • Expert comment - The rise and risk of ‘greenwashing’ (Clyde & Co)
    • Expert comment - Greenwashing: Exploring the risks of misleading environmental marketing (Gowling WLG)

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