With more and more consumers concerned about their environmental impact, many businesses are demonstrating their green credentials to draw in more customers. Green claims can be made about a business, brand, product, process or service and any organisation can make claims, from manufacturers and wholesalers to distributors and retailers. Green Claims either inform consumers that products or activities are benefitting or less harmful to the environment and most claims are made online.
In 2021, the Competition and Markets Authority (CMA) published a global review of websites making green claims online and found that 40% were misleading. This review was part of the International Consumer Protection Enforcement Network (ICPEN) annual sweep of websites randomly selecting approximately 500 websites. It is no surprise that countries around the world are looking to protect consumers.
The Green Claims Code
In the UK, the CMA has created the Green Claims Code to protect consumers from greenwashing and support them by providing a basis to make informed decisions. The Green Claims Code sits under the Consumer Protection from Unfair Trading Regulations 2008 and Business Protection from Misleading Marketing Regulations 2008. While the focus is on business to consumer marketing, the CMA also applies to business-to-business marketing but in a limited scope.
The CMA also shares some consumer protection functions with the Advertising Standards Authority (ASA). The ASA is the UK’s independent advertising regulator, administering the requirements for advertising in the UK Code of Non-Broadcast Advertising and Direct and Promotional Marketing and the UK Code of Broadcast Advertising (the CAP and BCAP Codes). The below principles are intended to be consistent with the requirements of the CAP and BCAP Codes.
If businesses follow these principles they are, in the CMA’s view, less likely to mislead consumers and therefore less likely to fall foul of the law. The principles are:
- Truthful and accurate
- Clear and unambiguous
- Do not omit or hide important information
- Fair and meaningful comparisons
- Substantiated claims
- Consider the full lifecycle of a product
Here are some examples of the principles.
- Don’t say something is compostable without informing consumers that this is only possible in an industrial composting facility.
- Don’t claim an item such as a plastic bottle is recyclable or made from recycled content without making it clear whether this includes components or not. This has been seen with Lipton Iced Tea.
- Include all information about the environmental impact rather than cherry-picking information to make something seem greener, such as highlighting a product as being “better for the environment” without pointing out that this relates to the product only and not the packaging).
- Don’t make claims that your clothes are better for the environment because they use more recycled fibres than other brands without giving specific examples of companies.
- Do detail all the different elements and activities, such as ingredients, testing, refillable packaging, reducing product waste and provide evidence and data to prove this.
- Do detail a product’s lifecycle, including manufacture, transportation, use, and future disposal of the product. Excluding one of these stages can be seen as misleading.
A business may only omit information where it is impossible for them to include everything consumers need to know in the form of communication used. If in doubt, you should seek independent legal advice on the interpretation and application of consumer protection law. Businesses can also speak to, for example, the Trading Standards Service as part of a primary authority relationship.
Penalties for non-compliance
Companies now face civil penalties of up to 10% of their global turnover for breaking the Green Claims Code. Whereas individuals can face fines of up to £300,000 for misleading consumers.
Zero waste to landfill: A key aspect of Green Claims
One significant example of substantiating green claims is achieving and maintaining a zero waste to landfill status. This commitment goes beyond reducing waste; it involves a comprehensive strategy to divert all waste from landfills through recycling, reuse, and other waste management practices.
What does zero waste to landfill mean?
Zero waste to landfill means that a company is successfully diverting all its waste away from landfill. This is often achieved through a combination of waste reduction strategies, robust recycling programmes, and the adoption of circular economy principles. The ultimate goal is to ensure that no waste produced by the company ends up in a landfill.
Steps to achieve zero waste to landfill
- Waste audit: Conducting a thorough audit to understand the types and volumes of waste generated.
- Reduce and reuse: Implementing measures to reduce waste at the source and encouraging reuse where possible.
- Recycling programmes: Establishing efficient recycling programmes to ensure that recyclable materials are properly processed.
- Engage with waste contractors: Working closely with waste management contractors to ensure that waste is handled correctly and diverted from landfills.
- Employee training and engagement: Educating employees about waste reduction practices and involving them in the company’s waste management efforts.
- Continuous improvement: Regularly reviewing and improving waste management practices to maintain zero waste to landfill status.
Why zero waste to landfill matters
Achieving zero waste to landfill is a powerful testament to a company’s commitment to sustainability. It not only helps in reducing environmental impact but also strengthens the company’s green claims, making them more credible and attractive to environmentally conscious consumers.
Valpak’s Zero Waste to Landfill Certification
Valpak offers a comprehensive Zero Waste to Landfill Certification that helps companies validate their waste management practices. This certification involves:
- Detailed assessments of waste streams and management processes
- Verification of waste diversion practices
- Compliance with relevant waste regulations
By obtaining this certification, companies can confidently demonstrate their commitment to sustainable waste management and bolster their green credentials.
The importance of evidence when making green claims
In today’s market, consumers are increasingly sceptical of green claims. To stand out and build trust, businesses must provide clear, credible evidence of their environmental efforts. The Zero Waste to Landfill Certification is one such piece of evidence that can significantly enhance a company’s green reputation.
The path forward
Making green claims is not just about marketing; it’s about genuine commitment to environmental sustainability. By adhering to the Green Claims Code and striving for certifications like Zero Waste to Landfill, companies can ensure their claims are truthful, substantiated, and transparent.
As consumers become more environmentally aware, the scrutiny of green claims will only intensify. Companies must rise to the challenge by embedding sustainability into their core operations and backing up their claims with solid evidence.
By doing so, businesses not only comply with regulations but also contribute to a more sustainable future, building trust and loyalty among their customers.
For more information on how Valpak can assist you in achieving Zero Waste to Landfill certification and other green claims, contact us by emailing [email protected] or call us on 03450 682 572. We are here to support your journey towards sustainability.
