Team Blitz India
The Central Consumer Protection Authority has sought public comments by March 21 on Draft Guidelines for Prevention and Regulation of Greenwashing.
The Department of Consumer Affairs (DoCA) had constituted a committee of stakeholders for consultation on “greenwashing” on November 2, 2023. The committee had representation from national law universities, law firms, Government and voluntary consumer organisations and all the major industry associations.
Three meetings of the committee were held to finalise the draft guidelines. The new guidelines shall be issued under section 18 (2) (l) of the Consumer Protection Act 2019.
The draft guidelines define greenwashing as “any deceptive or misleading practice, which includes concealing, omitting, or hiding relevant information, by exaggerating, making vague, false, or unsubstantiated environmental claims and use of misleading words, symbols, or imagery, placing emphasis on positive environmental aspects while downplaying or concealing harmful attributes”.
Guidelines will be applicable to all advertisements and service providers, product sellers, advertisers, or an advertising agency or endorser whose service is availed for the advertisement of such goods or services. Guideline also provide the provision that vague terms such as ‘green’, ‘eco-friendly’, ‘eco-consciousness’, ‘good for the planet’, ‘cruelty-free’, and similar assertions will be allowed to be used only with adequate disclosures.
The guidelines prescribe various disclosures that would be required to be made by the company making green claims. These include the stipulation that all environmental claims in advertisements or communications should be fully disclosed, either directly or through QR codes or web links.
Selective presentation of data to favorably highlight environmental claims while hiding unfavorable aspects will have to be avoided. The scope of environmental claims will have to be clearly defined specifying whether they relate to products, manufacturing processes, packaging, product usage, disposal, services, or service provision processes.
All environmental claims shall be backed by verifiable evidence. Comparative environmental claims that compare one product or service to another will need to be based on verifiable and relevant data. Specific environmental claims will need to be substantiated with credible certification, reliable scientific evidence, and independent third-party verification for authenticity.
The guidelines also provide that aspirational or futuristic environmental claims may be made only when clear and actionable plan has been developed detailing how those objectives will be achieved.
