DLA Piper provides clarity on environmental advertising rules with new international guide

DLA Piper today launches its Environmental Advertising Claims Guide, providing clarity, insight and guidance around navigating the rules dictating companies’ environmental claims across 23-major jurisdictions, alongside pan-European regulation.

Organizations find themselves in an era of accountability and transparency when it comes to their environmental credentials. In meeting this appetite for disclosure, the rapid pace of complex and diverging international rules in the ESG arena paired with significant consumer and government scrutiny, leave organizations facing a significant and high-risk challenge in managing their advertising and messages.

To mitigate these risks, it has become increasingly important to ensure sound and transparent verification of the underlying facts that substantiate an organization’s messages around sustainability. And, to closely monitor and incorporate updated international legislative requirements and regulator guidance.

The guide will help organizations:

• identify key laws and regulations applicable to environmental advertising claims;
• track upcoming changes to laws and regulations in this area;
• understand the key requirements of each country’s laws on green advertising claims;
• incorporate regulator guidance and local best practice;
• examine examples of admissible and inadmissible claims; and
• review the risks of non-compliance, such as what penalties exist and who can file complaints or claims.

John Wilks, partner at DLA Piper, said: “As sustainability and the environment rightly continue to dominate the corporate agenda, it's critical that businesses are managing the complex risks around evidencing environmental statements in their advertising and marketing.”

“While appetite and obligation to showcase organizations' green credentials grow across every sector, so too does the level of scrutiny they face. Not only are regulators increasingly taking action against green claims, but so too are vigilant competitors and pressure groups through complaints and lawsuits, leaving absolutely no margin for error. Our new guide will help clients develop and maintain their approach to mitigating risk and navigating this complex landscape.”