In September 2025, Dan Gray of Mishcon Purpose and Christopher Gribbin from our White Collar Crime team joined forces to illuminate how companies could now face criminal prosecution for greenwashing, following introduction of the failure to prevent fraud (FTPF) offence. Continuing to attract attention, the article has been featured in Forward Law Review's ESG Outlook for 2026.
Dan comments: "Introduction of the FTPF offence does more than alter the strategic calculus around greenwashing. It marks an expansion of the ‘failure to prevent’ model of liability, adding further pressure on boards to demonstrate that their businesses have credible systems in place to prevent foreseeable risks and harms."
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