Be(e) careful when it comes to "Eco" claims.
Honey Bees
Three major travel platforms recently found themselves on the wrong side of ASA rulings for advertising "Eco Hotels" and "eco-conscious resorts" without providing sufficient substantiation fro their claims. Read Travel Weekly’s piece.
When regulators step in, it’s rarely because a team deliberately sets out to mislead, more often its a lack of knowledge internally to ensure all the checks and balances are adhered to.
The tougher new guideline and ruling from ASA and CMA, will see more of this as our industry and teams learn quickly what they can and can’t claim. In the sustainable business space, this has been hot topic for some time - with great care and caution around not over claiming not just to avoid the harsh financial penalities, but also to remain trusted by customers, algorithms and your stakeholders.
Marketing teams are faced with greater scrutiny externally whilst juggling difficult internal silos to secure access and approval across multiple departments. Marketing uses supplier-provided property titles, procurement manages the data feeds, and legal holds compliance guidance in a document no one looks at until there's a crisis. When those dots aren't connected across the business, reputational risk creeps into customer-facing channels.
Green claims caims today are scrutinised not just by conscious consumers, but by regulatory scrapers enforcing increasingly strict compliance frameworks.
Protecting your brand narrative isn't just about having high internal standards its about ensuring compliance context, product data, and communications strategy are aligned in real time across every single department.If your teams are working in silos, your business is taking on unnecessary risk.
Key Policies and Guidance to Bookmark
To ensure your brand stays compliant and avoids greenwashing allegations, your teams should be aligned on these key regulatory frameworks and reference tools:
1. The CMA Green Claims Code The primary framework for UK consumer law compliance regarding environmental messaging. It sets out six core principles: claims must be truthful, clear, substantiated, fair, complete, and consider the full life cycle of a product or service.Guidance: CMA Green Claims Code GuidanceInteractive Tool: CMA Green Claims Portal
2. UK Consumer Protection Legislation (DMCCA & CPRs) Enforced by the Competition and Markets Authority (CMA), these statutory laws govern unfair trading practices and misleading omissions. Under the Digital Markets, Competition and Consumers Act 2024 (DMCCA), the CMA holds direct powers to issue fines up to 10% of global annual turnover for misleading practices.
Legislation Overview: UK Government Legislation - DMCCA 20243. ASA / CAP Code Section 11 (Environmental Claims) Enforced by the Advertising Standards Authority (ASA), Section 11 of the CAP Code governs non-broadcast advertising.
Mandates that all absolute or vague green claims require robust, documentary evidence before publication.CAP Code Rules: ASA CAP Code Section 11: EnvironmentOfficial Guidance: ASA Advertising Guidance on Environmental ClaimsBuilding a resilient brand strategy requires bridging the gap between compliance rules, operational data, and marketing output. How effectively is your business sharing knowledge to protect its reputation?
Three Steps to Avoid Over-Claiming
1. Verify Before You Amplify
Never rely solely on supplier descriptions, marketing materials or inherited product data. Ensure any environmental claim is backed by current, documented evidence before it appears in customer-facing content.
2. Create a Compliance Checkpoint
Build a sign-off process that brings together marketing, legal/compliance and commercial teams. If a claim cannot be substantiated, it should be reworded or removed before publication.
3. Maintain a Single Source of Truth
Keep approved claims, supporting evidence and regulatory guidance in one accessible location. This ensures every team is working from the same information and reduces the risk of inconsistent or misleading messaging.
The bottom line:
Environmental claims should be treated like any other high-risk brand statement. If you can't evidence it, don't publish it. If you can evidence it, make sure everyone across the business is working from the same facts.