Greenwashing – Mitigating the Current Day Legal Risks


27 JUNE 2023, 04:45 PM


Sandra Seah, Joint Managing Partner, Bird & Bird

Regulators will need substantiation of claims, consumers will not stand being duped, and competitors will not hesitate to whistle-blow. Greenwashing is fast emerging as a substantive risk which is threatening to overrun corporations’ earnest efforts to make positive environmental impacts and to embrace the sustainability movement.

The proliferation of new regulations, adverse publicity and heightened scrutiny has likely started to dent the ardour of businesses who have committed to decarbonise.

So, what can be done by businesses to avert greenwashing claims. particularly for robust frontrunners in climate action where there may be no established standards/ guidelines or no proven technologies/ practices? What are the latest legal developments aimed at stamping out greenwashing? What are the most common legal battles and pitfalls in this arena and how can these be avoided in the journey towards Net Zero?