The Department of Consumer Affairs and the Central Consumer Protection Authority are in the process of finalising guidelines for prevention of “greenwashing”, in a bid to protect consumers interests. According the draft guidelines, companies will need to ensure their environment-related claims such as “green”, “eco-friendly”, “cruelty free” and “good for the planet” are backed with verifiable evidence and displayed with proper disclosures.

The draft guidelines state that companies will need to ensure that environmental claims are accurate and disclose all material information in the relevant advertisement or communication or through other means such as QR codes. They will also need to ensure that all environmental claims are backed by verifiable evidence.

Draft guidelines

The draft guidelines also state that “While making disclosures in relation to environmental claims, data for research shall not be cherry-picked to highlight only favorable observations while obscuring others that are unfavorable,” the draft guidelines added. Also, brands will need to ensure that its specified whether the environment-related claims should specify whether it refers to the good, services, manufacturing process, packaging or manner of use of the good among others.

“Specific environmental claims must be supported by credible certification, reliable scientific evidence, and independent third-party verification to maintain their authenticity,” the draft guidelines stated . Greenwashing refers advertising or marketing tactics used by brands to make deceptive claims about being environmental friendly.

A committee, chaired by Consumer Affairs Secretary Rohit Singh, has been tasked with preparing guidelines for “Protection of consumers against Greenwashing” on Thursday. An official statement said that the committee members held discussions on the draft guidelines on Thursday. “The draft guideline provide that aspirational or futuristic environmental claims need to be made with various disclosures. Draft Guidelines also provide Guidance Note for environmental claims with appropriate examples to provide help and guidance to industry,” an official statement added.

misleading ads

The penalties for misleading ads for greenwashing by a company will be governed as per Consumer Protection Act, 2019.

The committee comprises of representatives from National Law University (NLU) Delhi and National Law University (NLU) Ranchi, Ikigai Law firm, Nishit Desai law firm, members of various Voluntary Consumer Organisations, Federation of Indian Chambers of Commerce and Industry (FICCI), Associated Chambers of Commerce and Industry of India (ASSOCHAM), Confederation of Indian Industry (CII), Manufacturers Association Information Technology (MAIT), Mumbai Grahak Panchaya, Consumer Voice, Advertising Standards Council of India (ASCI) Indian Beauty & Hygiene Association (IBHA) .

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