In the run up to COP26 the CMA has published its Green Claims Guide aimed at helping businesses to avoid green washing. Much of it is common sense - any claims must be authentic, capable of substantiation and not misleading. It restates the law in a more user friendly way. It will be interesting to see if the CMA seizes the opportunity to take its place as the consumer's enforcer and the Government's press release is a warning shot across the bows.  

Greenwashing is a very real issue and until now it has primarily been up to the ASA to bring actions against misleading claims in advertisements and socially conscious consumers to highlight issues in social media hoping the reputational risk will drive a change in behavior. Enforcement actions under the Consumer Protection from Unfair Trading Regulations 2008, the key piece of consumer legislation dealing with misleading practices have been infrequent. There is apparently a bedding in period until 2022 and first up under the CMA's spotlight are textiles and fashion, travel and transport, and fast-moving consumer goods. Will this be a case of action rather than words?