header-logo header-logo

15 November 2024 / Paige Coulter , Julianne Hughes-Jennett
Issue: 8094 / Categories: Features , ESG
printer mail-detail

Warning—the greenwashing threshold may be lower than you think

196799
Paige Coulter & Julianne Hughes-Jennett map out the risky landscape of greenwashing regulation
  • In 2024, the FCA and CMA in the UK have both demonstrated an increased focus on greenwashing.
  • A rise in interest in legal actions concerning allegations of greenwashing can be expected.
  • Businesses and practitioners should be aware of the risks in making any claim that could be construed as a sustainability or environmental claim, as available guidance suggests a low threshold for greenwashing.

Greenwashing refers to the practice of publishing misleading information about the environmental or sustainability characteristics of a good, service or business. The term has gained increasing attention in the past few years from regulators in the UK. In addition to the heightened regulatory risks, businesses should be aware of the potential for litigation founded on greenwashing principles, including under the Financial Services and Markets Act 2000 (FSMA 2000) and the Companies Act 2006 (CA 2006).

Regulatory framework

The regulatory framework governing greenwashing claims is multi-faceted. The Financial Conduct

If you are not a subscriber, subscribe now to read this content
If you are already a subscriber sign in
...or Register for two weeks' free access to subscriber content

MOVERS & SHAKERS

Clarke Willmott—Matthew Roach

Clarke Willmott—Matthew Roach

Partner joins commercial property team in Taunton office

Farrer & Co—Richard Lane

Farrer & Co—Richard Lane

Londstanding London firm appoints new senior partner

Bird & Bird—Sue McLean

Bird & Bird—Sue McLean

Commercial team in London welcomes technology specialist as partner

NEWS
What safeguards apply when trust corporations are appointed as deputy by the Court of Protection? 
Disputing parties are expected to take part in alternative dispute resolution (ADR), where this is suitable for their case. At what point, however, does refusing to participate cross the threshold of ‘unreasonable’ and attract adverse costs consequences?
When it comes to free legal advice, demand massively outweighs supply. 'Millions of people are excluded from access to justice as they don’t have anywhere to turn for free advice—or don’t know that they can ask for help,' Bhavini Bhatt, development director at the Access to Justice Foundation, writes in this week's NLJ
When an ex-couple is deciding who gets what in the divorce or civil partnership dissolution, when is it appropriate for a third party to intervene? David Burrows, NLJ columnist and solicitor advocate, considers this thorny issue in this week’s NLJ
NLJ's latest Charities Appeals Supplement has been published in this week’s issue
back-to-top-scroll