"Honesty is the first chapter in the book of wisdom." - Thomas Jefferson
Greenwashing – the act of making products or businesses seem more environmentally responsible than they truly are – remains one of the biggest barriers to progress towards a sustainable future.
And it's rife. Of a sample of 1,000 products making green claims in the UK, a 2025 Which? study found that 84% failed checks against at least one of the principles of the UK Green Claims Code.
Now, more than ever, companies must manage their communications carefully to avoid commercial vulnerability, including from competitors and campaign groups using regulatory complaints and legal action as a strategic tool.
All around the world, regulators are clamping down on greenwashing, and the consequences of getting things wrong are no longer limited to reputational damage and regulatory sanctions. In the UK, companies and their representatives can face criminal prosecution and unlimited fines, if they lack adequate procedures to prevent vague, misleading or unsubstantiated claims from reaching the public domain.
How can we help with greenwashing and reputation management?
As well as offering specialist advice on how to avoid greenwashing risks in your own business, we're also experienced in preparing and submitting complaints to the relevant regulatory authorities if you're disadvantaged by the misleading claims of others.
As a measure of how fast things can change, in 2025-2026 alone:
- The Consumer Markets Authority (CMA) has been granted the power to directly fine companies up to 10% of global turnover for breaches of UK consumer law, including misleading environmental claims.
- Introduction of the failure to prevent fraud (FTPF) offence in the UK has transformed greenwashing from a primarily regulatory risk into a potentially criminal matter with unlimited financial penalties.
- Bans on various forms of greenwashing start to apply in the EU, including generic claims (e.g., "eco-friendly") that cannot be substantiated, claims based on offsetting, and claims relating to future performance that aren't backed by a realistic transition plan.
Our experts help organisations to stay abreast of new guidelines and regulations, and to develop and implement best practice processes and procedures for minimising greenwashing risks.
Extension of a "failure to prevent" model of liability to greenwashing fundamentally alters the strategic calculus around sustainability-related claims and statements. Since the only available defence is to be able to demonstrate reasonable fraud prevention procedures, the onus is now squarely on companies to put in place robust governance that prevent the use of misleading or unsubstantiated claims.
Drawing on the expertise and experience of our market-leading White Collar Crime & Investigations team, we advise on the adequacy of existing fraud prevention procedures, and the development and implementation of robust measures for ensuring that sustainability claims are clear, accurate and backed by evidence.
Our specialist 'Greenwash Guard' service also includes:
- Delivering customised training to educate boards and key leaders on communicating ESG issues, how to deal with a crisis, and adherence to the current regulatory and legal environment
- Establishing processes for pre-publication legal clearance of ESG-related statements in regulatory reporting, market disclosures, advertising, and press responses
- Providing guidance on handling a crisis and developing a robust crisis plan, drawing on our network of international advisors, crisis communication experts, digital investigators, and experts in business strategy and public affairs
New CMA enforcement powers significantly raise the financial consequences of greenwashing, turning regulatory complaints into a powerful strategic tool for campaigners and competitors.
We have extensive experience of investigating, preparing and submitting complaints to relevant regulatory authorities, including not only the CMA and ASA in the UK, but also the UK National Contact Point for the OECD Guidelines for Multinational Enterprises.
Whenever an organisation communicates externally about its sustainability-related impacts and performance, it runs the risk of greenwashing. As well as marketing and advertising materials, this includes other communications, such as corporate reports, financial statements, and listing particulars and prospectuses.
We help organisations to develop and implement pre-publication processes for legal clearance of any sustainability-related statements in regulatory reporting, market disclosures, advertising, and press responses.
Now, more than ever, directors need to know and understand their duties in relation to sustainability-related disclosures, and their potential liability for false or misleading statements. We offer bespoke training on communicating sustainability matters, how to deal with a crisis, and adherence to the current regulatory and legal environment.
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