On 23 September 2021, the Advertising Standards Authority issued a statement on the regulation of environmental claims and social responsibility in advertising. This coincided with the publication by the Competition and Markets Authority of the Green Claims Code a few days earlier. 

One particularly interesting element of the ASA’s statement is the highlight of social responsibility. The ASA has not found consumers particularly concerned to date about the advertising of behaviours that are likely to harm the environment. Contrast this with the keen interest taken in the regulation of alcohol advertising and the promotion of foods high in fat, sugar and salt. It is surprising that there have not been more complaints of this nature but, as the ASA points out, its role is not to criticise the product but to regulate the advertising. However, the line could end up being fairly fine in the case, for example, of the advertising of petrol driven SUVs or 4x4s. It may only be a matter of time before complaints are made that simply the act of advertising such products is socially irresponsible in the same way that tobacco advertising is now regarded. 

There is already a body of opinion which suggests precisely that. In April this year, the New Weather Institute reported that urban dwellers had been duped into buying large heavy polluting vehicles on false pretences relating to safety, adventure and environmental protection. A time could come when this consumer concern extends to the advertising of intensively farmed foods.

The ASA is confident it already has the regulatory tools it needs to tackle misleading environmental claims and social irresponsibility. The breadth of the Consumer Protection from Unfair Trading Regulations 2008 and the Business Protection from Misleading Marketing Regulations 2008 are such that the law in the UK has already prepared the ASA for the task ahead.

Consumer concern for the environment will only increase and with that, product promoters’ desire to be the greenest. Promoters are likely to jump on the bandwagon (electrically powered of course) and undoubtedly in the years ahead many will be brought to task. The ASA and other regulators will be kept busy.