Note: This advice is given by the CAP Executive about non-broadcast advertising. It does not constitute legal advice. It does not bind CAP, CAP advisory panels or the Advertising Standards Authority.
In 2021 the ASA and CAP launched a Climate Change and the Environment (CCE) project, to respond to the ongoing climate crisis and take action to ensure that environmental claims in advertising are not misleading or irresponsible. Updates about our work in this area are published here.
The project consists of several strands, including:
- Sector-specific reviews, focusing on previous ASA work on these issues, common claims in ads for these sectors, and any recent legislation or developments in understanding of their environmental impacts
- Research into consumer understanding of different types of environmental claims
- Targeted investigations, to establish new precedent and take action against advertisers who use green claims in a way that is likely to mislead or cause harm
- Updates to our existing resources, and creation of new educational material
Please see the updated CAP Advertising Guidance on The environment: misleading claims and social responsibility in advertising, and the new e-learning module that covers the rules on Climate Change and the Environment.
While this advice represents the current position, the ASA’s CCE project is actively reviewing our approach to these issues, which may lead to further rulings and updates to this guidance.
CAP and the ASA see a wide and varied array of claims which relate to the environment, emissions and, increasingly, sustainability. The ASA continues to undertake detailed investigations of some of these, as well as continued wide-ranging project work, and CAP’s guidance aims to reflect the findings of this to help advertisers create ads that are compliant with the rules.
Our eLearning module on Climate Change and the Environment is also available, covering the fundamental principles that advertisers should be aware of when making environmental claims. The Competition and Markets Authority has also produced guidance on environmental claims, which advertisers should take account of.
Section 11 of the Code is dedicated to environmental claims. That section requires marketers to explain the basis of environmental claims, qualifying claims where necessary. Unless stated otherwise, advertisers should use a full-life cycle (‘cradle-to-grave’) assessment when making claims about a product or services’ environmental impact and should make clear the limits of more specific claims. They should hold robust evidence for claims and comparisons and avoid misleading consumers by using confusing claims.
Although consumer understanding of environmental claims continues to increase, marketers should be careful not to assume a level of knowledge greater than is reasonable or likely.
Formal guidance on environmental claims for all advertisers can be found here: Advertising Guidance - misleading environmental claims and social responsibility.
Links to more specific guidance on various sectors and types of claims can be found below:
Environmental claims: General “Green” claims provides guidance on making claims which would require evidence relating to the full life cycle of a product or service, how imagery can affect understanding of a claim, as well as how omission, exaggeration or ambiguity can result in a claim being misleading.
Travel marketing: Environmental claims covers environmental claims around advertising of travel services, for example claims made about air travel.
Several AdviceOnline entries cover claims in motoring advertising: Motoring: general environmental claims gives an overview, while Motoring: Zero emissions claims and Motoring: Hybrid and electric vehicles look at claims relating to electrification of cars’ powertrains. Finally, Fuel accessories and after-market devices deals with
The legislation that sets out the requirements for the display of fuel consumption, range and emissions information in advertising is The Passenger Car (Fuel Consumption and CO2 Emissions Information) Regulations 2001 and amending 2004 and 2013 Regulations, and the Vehicle Certification Agency (VCA) is the nominated UK enforcement body. Neither CAP nor the ASA can comment on the figures themselves, but advertisers should ensure that the any figures are appropriately caveated. See Motoring: Fuel consumption, emissions and range figures
Farming methods: claims about farming methods often refer to comparative environmental benefits, which this guidance covers.
Similarly, claims about products being organic often cover environmental effects, and this is covered in Organic foods, Organic: General and Organic: Pesticides.
Electric Plug-In Heaters: ads for these products often focus either on cost and economics or the efficiency, relative to central heating or alternative heaters.
Advertisers looking for advice on environmental or ‘green’ claims around home heating should review the Competition and Markets Authority’s guidance.
Environmental claims: Recycling (soon to be updated – see this news article)
Environmental claims: Carbon offsetting and carbon neutral - ASA | CAP: further information can be found in CAP’s general guidance, and this article gives an update on the work being undertaken in this area.
Misleading advertising: in addition to the rules in Section 11 of the Code which specifically cover environmental claims, the rules in Section 3, which cover misleadingness, might also apply.
Other articles covering various subjects related to environmental claims can be found here.