CONSUMER CHAMPION Don’t be fooled by misleading eco claims
WITH more of us than ever trying to shop sustainably, the consumer regulator has intervened over goods or services that claim to be “environmentally friendly”. According to the Competition and Markets Authority (CMA), up to 40 per cent of green claims made online could be misleading – meaning consumers are buying goods and services under false pretences. In years gone by this would not have been a significant problem. But UK consumers reportedly now spend more than £41billion a year on ethical goods and services – which equates to £16.4billion potentially misspent.
In September 2021, the CMA published a
Green Claims Code for businesses, and it will be launching a review of misleading green claims in 2022.
In the meantime, if you’re looking for environmentally-friendly goods and services here’s what you need to know:
DON’T BE MISLED
The CMA has put together five useful tips to help consumers stay clear of misleading green claims.
1.
Do not just trust slogans or vague terms
– phrases like “allnatural”, “green” and
“eco” sound nice but they don’t provide clear meaning and can leave room for misinterpretation.
2. Be wary of any claims that are not easily defined or supported by adequate information.
3. Look for evidence to support a claim – it should not be difficult to find proof to support a claim made by a company with genuine environmentally friendly practices.
4. Look past appearances – images of wildlife or a logo featuring a leaf, for example, can easily convince you that you’re making an environmentally-friendly choice – but this is not always the case.
5. Don’t forget the disposal – do the environmental claims also extend to the packaging? And think about the bigger picture – what has the business not told you?
YOUR RIGHTS
There are several pieces of legislation of which false or misleading environmental claims may fall foul. The general rule under consumer laws is that goods and services must be and/or do what it says on the tin, failing which you will be entitled to a remedy.
The Consumer Rights Act 2015 provides that goods must be “as described” – so if there is a false green claim attached you will be entitled to return the goods and seek a refund.
With a service your rights will depend on whether you have derived any benefit from the service. If you have but have been deceived by the false green claim, you will be entitled to a price reduction.
The consequences do not necessarily stop at a refund for the trader. The Consumer Protection from Unfair Trading Regulations 2008 prohibit providing false information to consumers and a breach of this can land the trader with a criminal prosecution.