Brands will need to become more accountable for “environment-friendly” or “eco-friendly” claims with proper substantiation so that they are verifiable and are not the basis for misleading ads. They will also be required to specify whether environmental claims refer to the product, packaging, or service.
In a bid to bring in more accountability for green claims and combat misinformation, the Advertising Standards Council of India (ASCI) has introduced draft guidelines for public consultations. These guidelines will be finalised to check on greenwashing, which is the deceptive practice of making environmental claims. The proposed guidelines state that advertisers should clearly and prominently disclose carbon offset claims and ensure they represent emission reductions that will not occur for two years or longer.
The draft guidelines stated that absolute claims, such as but not limited to “environment friendly”, “eco-friendly”, “sustainable”, and “planet friendly,” implying that the advertised product has no impact or only a positive impact, must be “supported by a high level of substantiation.” At the same time, environmental claims must be based on the full life cycle of the advertised product or service unless the advertisement states otherwise, and must make clear the limits of the life cycle.“ If a general claim cannot be justified, a more limited claim about specific aspects of a product or service might be justifiable. Claims that are based on only part of an advertised product or service’s life cycle must not mislead consumers about the total environmental impact of the product or service,” the draft guidelines added.
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Manisha Kapoor, CEO and Secretary-General, ASCI, said, “ASCI’s draft guidelines on Environmental/Green Claims are a crucial step to ensure that consumers who wish to support green brands have the correct information to make informed decisions. These guidelines set a standard for advertisers and aim to foster a culture of transparency and authenticity in advertising in the best interest of the consumers. We encourage all stakeholders, including consumers, industry, civil society members, and experts, to provide their feedback on the draft guidelines to enable us to sharpen and strengthen them.”
The public consultation period is open until December 31, 2023.
The draft guidelines also stressed that brands should ensure their ads do not mislead consumers about the environmental benefits of their products by highlighting the absence of an environmentally damaging ingredient if that is not usually found in competing products.
“Certifications and Seals of Approval should make clear which attributes of the product or service have been evaluated by the certifier, and the basis of such certification provided. Certifications and Seals used in an advertisement should be from a Nationally/Internationally recognised certifying authority,” the draft guidelines added.
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Visual elements in an ad should not give a false impression about the product/service being advertised. Also, advertisers should refrain from making aspirational claims of their future environmental objectives unless they have developed actionable plans, the ASCI’s draft guidelines added.
“For carbon offset claims, advertisers should clearly and prominently disclose if the carbon offset represents emission reductions that will not occur for two years or longer. Ads should not directly or implicitly claim that a carbon offset represents an emission reduction if the reduction, or the activity that caused the reduction, was required by law.
For claims pertaining to the product being compostable, biodegradable, recyclable, non-toxic, free-of, etc. advertisers should qualify the aspects to which such claims are being attributed, and the extent of the same. This includes whether the product or the qualified component where applicable will break down within a reasonably short period of time after customary disposal. Or whether the product is free of elements that can lead to environmental hazards,” the ASCI statement added.