header-logo header-logo

Warning—the greenwashing threshold may be lower than you think

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

Browne Jacobson—Matthew Kemp

Browne Jacobson—Matthew Kemp

Firm grows real estate team with tenth partner hire this financial year

Hogan Lovells—Lisa Quelch

Hogan Lovells—Lisa Quelch

Partner hire strengthens global infrastructure and energy financing practice

Sherrards—Jan Kunstyr

Sherrards—Jan Kunstyr

Legal director bolsters international expertise in dispute resolution team

NEWS
Early determination is no longer a novelty in arbitration. In NLJ this week, Gustavo Moser, arbitration specialist lawyer at Lexis+, charts the global embrace of summary disposal powers, now embedded in the Arbitration Act 1996 and mirrored worldwide. Tribunals may swiftly dismiss claims with ‘no real prospect of succeeding’, but only if fairness is preserved
The Ministry of Justice is once again in the dock as access to justice continues to deteriorate. NLJ consultant editor David Greene warns in this week's issue that neither public legal aid nor private litigation funding looks set for a revival in 2026
Civil justice lurches onward with characteristic eccentricity. In his latest Civil Way column, Stephen Gold, NLJ columnist, surveys a procedural landscape featuring 19-page bundle rules, digital possession claims, and rent laws he labels ‘bonkers’
Can a chief constable be held responsible for disobedient officers? Writing in NLJ this week, Neil Parpworth, professor of public law at De Montfort University, examines a Court of Appeal ruling that answers firmly: yes
Neurotechnology is poised to transform contract law—and unsettle it. Writing in NLJ this week, Harry Lambert, barrister at Outer Temple Chambers and founder of the Centre for Neurotechnology & Law, and Dr Michelle Sharpe, barrister at the Victorian Bar, explore how brain–computer interfaces could both prove and undermine consent
back-to-top-scroll