Last month, the Competition & Antitrust Practice Group hosted a webinar on the urgent topic of “Avoiding the Pitfalls of Greenwashing.” This session was open to clients for the first time, resulting in a turnout with registrants from all over the world.
The panel featured legal experts from diverse jurisdictions who unpacked the intersection of marketing ambitions and regulatory compliance. While the laws vary by region, the consensus was clear: substantiation is non-negotiable.
Here are the key regional insights shared by our speakers:
Colombia: Dario Cadena (Lloreda Camacho & Co., Colombia) emphasized that while green claims can offer a competitive edge, they must be rigorously supported. In LATAM, greenwashing is not just a consumer protection issue; it can also trigger claims under the Unfair Competition Act if considered misleading or an unfair comparison.
India: Aniket Ghosh (King Stubb & Kasiva, India) highlighted a growing insistence on transparency, particularly from younger demographics. In India, “social media backlash” is becoming a powerful regulator in itself, driving companies toward verifiable sustainability claims.
Hungary: Gyorgy Kovács (KRS Kovács Reti Szegheo, Hungary) explained that the EU’s Directive on Empowering Consumers for the Green Transition is a “game changer” that bans vague, unverifiable claims. Under the new rules, generic terms like ‘climate neutral’, ‘eco-friendly’, or ‘green’ must be backed by specific, verifiable, and accessible evidence.
Germany: Julian Leucht (Esche Schumann Commichau, Germany) highlighted how the German Unfair Competition Act (UWG) is already being used to fight misleading environmental claims in national courts. A critical takeaway for German operations is that “environmental promises for the future are only lawful if they are backed by a reliable implementation plan.”
Is there a topic your practice group should consider for a wider audience? Let us know!