As copywriters, we’re often tasked with crafting messages about sustainability. And yes, our clients are becoming more aware of their environmental impact and trying to understand how they can operate more sustainably. Many newer brands have built their entire identity around sustainability. But with this comes a temptation to overstate impact. Hey, our clients are human, and they want to shout about the great things they’re doing!

But sometimes this over-optimism (or cynicism in some cases) can lead to greenwashing in our copy, so regulations have sprung up to prevent businesses from overstating their impact – intentionally or unintentionally. In this blog post, I unpack what greenwashing is and explore regulations in the UK and EU so you can ensure any copy you write is on the right side of the law.

What is greenwashing and why is it a problem?

Greenwashing is when a company makes untrue or misleading statements about the environmental performance or impact of its business, product or service. And of course, this is a bad thing, because it lets companies get away with making minimal or non-existent changes for the good of people and the planet. It slows down real progress on tackling climate change.

What are some examples of greenwashing?

Let’s take Ryanair for example. In 2020 one of their ads boldly claimed it was Europe’s lowest-emissions airline. This appeared to be based on the fact it was investing in newer aircraft with lower emissions and helping its customers offset carbon (a questionable practice at best). Complainants pointed out the obvious – by their very nature, airlines are far from low emission. The Advertising Standards Authority saw through its green haze and swiftly banned the ads.

That’s a blatant example. But it’s not always so obvious. \and greenwashing isn’t exclusive to copywriting either – it can be seen in visuals, certifications and even company initiatives such as big plastic polluters sponsoring climate conferences.
Common greenwashing tricks include:

• Fake, self-declared or unregulated certifications. In 2020, the European Commission found that 53% of examined environmental claims in the EU were vague, misleading or simply untrue.
• Fluffy words. As writers, we may have got used to terms like ‘green’, ‘eco-friendly’ and ‘sustainable’ and think we know what they mean. But the truth is there is no legal definition for these terms and often they’re used without any evidence to back them up.
• Green visuals. Green packaging featuring images of nature might look gorgeous in a campaign. However, it can also mislead consumers into thinking a product has a positive impact on the environment.
• Shifting the responsibility to the consumer. Did you know BP invented the carbon footprint as a way of deflecting responsibility for the climate crisis away from oil giants and onto individuals? You can also see this in packaging copy proudly announcing a product is 100% recyclable, while the manufacturer fails to address bigger systemic issues.
• Greenlighting. Distracting our attention away from major environmental damage by showcasing minor eco-friendly efforts such as introducing paper straws.
• Overstating impact. It’s surprisingly common for companies to produce copy that makes misleading claims about its impact on the environment.

Is greenwashing always intentional?

Which brings me to my next point. Greenwashing isn’t always intentional. It’s not always the remit of big, polluting businesses that want to pull the wool over their customers’ eyes. Even brands promoting more sustainable lifestyle alternatives can fall foul of greenwashing regulations by overstating claims in their ad copy.

Even with good intentions, we can unintentionally product copy that greenwashes. But no business is perfect. So knowing the various greenwashing laws, regs and guidelines in your region can help you avoid this trap for your clients.
What UK greenwashing regulations do you need to know about?

If you’re writing copy for a business operating in the UK, you’ll need to keep three major regulations on your radar: the FCA’s anti-greenwashing rule, the ASA’s Environmental Claim’s CAP and BCAP Codes, which cover all types of broadcast, print and online advertising and the CMA’s Green Claims Code.

The FCA’s Anti-Greenwashing Rule (May 2024)

This rule applies to FCA-authorised financial companies in the UK, including banks, investment firms, and insurance companies. To comply, you’ll need to make sure any references to your client’s product or service being sustainable is fair, clear and not misleading. This includes:

• Making sure your claims are clear and can be easily understood. For example, it should be clear which product or service any carbon emission claims relate to, rather than implying the claim refers to all products.
• Not omitting important information. For example, if you claim your client’s product is carbon neutral, you must consider its entire life cycle, including product and disposal, and not just the carbon it produces while being used.
• Ensuring any comparisons are fair and meaningful. Are you comparing scope 1 emissions to scope 1, 2 and 3 emissions of another product?

The ASA’s Environmental Claims Codes

The Environmental Claims Code applies to all types of advertising in the UK and emphasises transparency and fairness. The guidance includes:

• Ensuring any claims are clear and substantiated. You must back up any claims such as ‘carbon-neutral’ or ‘recyclable’ with clear evidence, such as certifications or third-party audits.
• Justifying ‘fluffy’ terms. You CAN claim your client’s product or service is ‘greener’ or ‘friendlier’ than the competition, but you’ll need to justify this.
• Considering the lifecycle. Don’t cherry-pick the most sustainable parts of your product to distract from its overall impact.
• Basing any environmental claims on scientific fact. If the scientific community is divided then best not to claim it.
• Not falsifying improvements. Don’t rave about your product being more sustainable if it never had a negative impact on the environment in the first place. Similarly, if your product doesn’t include a banned ingredient or process (such as microbeads) then don’t advertise it.

The CMA’s Green Claims Code (2021)

The Competition and Markets Authority’s (CMA) Green Claims Code applies to any product or service sold to a UK customer, even if the business is overseas. The content is very similar to the ASA’s code, but broader in scope because it applies to marketing as a whole rather than just advertising. It stipulates that:

• Claims must be truthful and accurate.
• Claims must be clear and unambiguous.
• Claims must not omit or hide important relevant information.
• Comparisons must be fair and meaningful.
• Claims must consider the full lifecycle of the product or service.
• Claims must be substantiated.

Companies breaking the code will be fined.

How can you avoid accidentally greenwashing?

The key to avoiding breaking greenwashing regulations by mistake is to be as transparent as possible and back up any claims you use in your copy with evidence.

Avoid terms like ‘carbon neutral’ or claiming the product produces less carbon than its competitors if you can’t back it up. This may mean your client needs to add more detailed info to the packaging, or direct customers to a dedicated website where they can find out more via a QR code.

Similarly, avoid fluffy terms like ‘eco-friendly’ or ‘green’. Not only do they mean different things to different people, they’re so generic they won’t make your copy stand out.

Third-party labels such as Fairtrade, the Leaping Bunny and Rainforest Alliance are really helpful, but make sure your client does their homework before going through the certification process.

Advise your client to be transparent about their wins and where they can do better. Progress is better than perfection and can strengthen consumers’ trust in the brand. You could include this information on a dedicated ‘sustainability’ page on their website.

Finally, a word on greenhushing

While more regulation around greenwashing is a good thing, unsurprisingly these rules have led to a new phenomenon: greenhushing. Afraid of getting it wrong, many copywriters are keeping schtum on some of their client’s brilliant sustainability initiatives.

Not only does this suppress great storytelling opportunities and a chance to connect with values-driven customers, it also holds back progress. If businesses perceive their competition to not be acting on climate change, they may feel like they don’t need to either.

So, my advice? Make sure you know your greenwashing regulations, be transparent, and show your audience how your clients are genuinely making a difference – and own any shortcomings. It shows you’re doing your best.

This article is adapted from a blog that first appeared on www.fuschiahuttoncopywriter.com.