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File. No.-CCPA/28/2023-CCPA
Background
Central Consumer Protection Authority has notified guidelines for Prevention and Regulation of Greenwashing, 2024 to ensure control over greenwashing advertising by advertisers and publish of any environmental claims.
In this article, let us understand about the applicability, non-applicability, prohibition of usage of various claims, disclosures required by the advertisers and other matters related to environmental claims by any advertiser.
A. Explanation of terms ‘Greenwashing’ and ‘Environmental Claims’
but shall not include (i) use of obvious hyperboles, puffery, or (ii) the use of generic colour schemes or pictures; either not amounting to any deceptive or misleading practice.
B. Applicability (Clause 3 and Clause 4):
These guidelines are applicable to:
Note: These guidelines shall not apply to any advertisements or communication that is not specific to any product or service, unless the advertisement or communication directly or indirectly links to any product or service.
C. Prohibition against engaging in Greenwashing (Clause 5): No person to whom these guidelines apply shall engage in greenwashing.
Environment claims should always be True and Accurate, and they must be based on verifiable information by means of certificates by statutory authorities, certificates by credible authorities or internal verifiable evidence.
Illustrations
Illustration 1: “Our packaging is made from 100% recycled materials.” Without verifiable evidence or certification, this claim might be misleading.
Illustration 2: “Energy-efficient technology for a greener tomorrow!” Without providing specific data or comparisons, this claim may lack substance.
D. Substantiation of Environmental Claims (Clause 6): All advertisement making environmental claims shall comply with following obligations:
The claims should be clear and unambiguous.
Illustrations:
Illustration 1: “Go green with our product!” The claim is unclear and ambiguous, as it doesn’t specify what does the word ‘green’ convey or how the product is environmentally friendly. Hence case adequate qualifiers and substantiation should be provided.
Illustration 2: “Harnessing the power of sustainable technology!” In relation to such a claim, specific details about how the technology is sustainable should be disclosed.
Illustration 3: “Made with minimal impact on the environment!” Without specifying what “minimal impact” means, this claim may downplay or ignore certain environmental concerns associated with the product
Illustrations:
Illustration 1: “A packaged product is labelled with an unqualified claim, “recyclable.” It is unclear from the type of product and other context whether the claim refers to the product or its package.”
Illustration 2: “A product in a multi-component package, such as a paperboard box in a shrink-wrapped plastic cover, indicates that it has recycled packaging. The paperboard box is made entirely of recycled material, but the plastic cover is not it may be misleading. The accurate claim could be paperboard box-recycled packaging”.
Illustration 3:- “A marketer advertises on the bottle of its Hand wash as “biodegradable” without qualification. The advertisement shall makes clear that only the Hand wash, and not the bottle, is biodegradable.
Illustration 1: A detergent advertisement showcases a family happily playing in an open grass ground, with the tagline, “Gentle on Clothes, Gentle on Nature.” Without directly stating environmental friendliness, the imagery implies a connection between the product and a more eco-conscious lifestyle
E. Adequate Disclosures (Clause 7):
F. Futuristic Environmental Claims (Clause 8):
Aspirational or futuristic environmental claims may be made only when clear and actionable plans have been developed detailing how those objectives will be achieved.
G. Guidelines not in derogation of other laws (Clause 9):
Illustrations
Illustration 1: “Our energy-efficient light bulbs outperform all others!” The claim lacks context and does not specify which bulbs are being compared. For fair and meaningful comparisons, the company should compare its bulbs to others with similar characteristics and intended uses.
Illustration 2: “Chemical-free cleaning for a safer environment!” This claim may mislead consumers by implying that other cleaning products are unsafe.
Illustration 3: “Our product is greener than the competition!” Without providing specific details about which environmental attributes being compared, this claim can be misleading.
Illustrations
Illustration 1: “Recommended by leading environmental experts!” This claim implies an endorsement by environmental organizations. This may violate the Guidelines, if there is no backing as specified above.
Illustration 2:- Labelling a product as “certified organic” without proper certification from recognized organic certifying bodies, creating a false advertisement.
Illustration 3:- An electronic product affixing counterfeit energy efficiency labels on appliances to give the impression that they meet certain standards when, in reality, they do not have.
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