CMA Drops Investigation Into Unilever’s ‘Green’ Claims The Competition and Markets Authority (CMA) said yesterday that it had closed an investigation into whether Unilever had overstated the “green” credentials of some of its products after the consumer goods company made changes to its packaging. The competition regulator stated that its probe, which was launched in December last year, had been closed following “changes Unilever has made to claims on some of its products”, as well as wider changes seen across the industry following the regulator’s focus on this area. The CMA said last year that it was looking at some of the environmental claims made by the manufacturer, suggesting it could be overstating how “natural” some of its cleaning products and toiletries were. The competition watchdog was also concerned that the use of some images and logos – such as green leaves – could make items appear more eco-friendly than they actually were. In a statement issued on Wednesday, it said: “The CMA’s Green Claims Code and successful enforcement action to date has helped businesses understand how they can promote their green credentials whilst staying on the right side of the law. The CMA has seen positive changes to the claims made, including in the fast-moving consumer goods sector. “Given these points and the ongoing impact of the CMA’s work, the CMA has decided as a matter of administrative priority to close this investigation. The CMA has not taken a view on Unilever’s compliance with consumer law. Businesses should ensure they comply with the law and read the Green Claims Code.” The regulator stated that it had not taken a view on Unilever’s compliance with consumer law. In response to the decision, a spokesperson from the manufacturer said: “We are pleased that the CMA has confirmed they are closing their investigation. We have complied with all requests for information throughout this process. “We have always been committed to making responsible claims about the benefits of our products on our packs and to these being transparent and clear, and we have robust processes in place to make sure any claims can be substantiated.” NamNews Implications: * The CMA achieved compliance with its code… * …a mark of good and effective regulation. * (and patently leaving the nuances of compliance with Consumer Law to the judiciary) * In the end, as always, much depends on consumer perception of compliance with the Spirit of the Law vs. Letter of the Law… #SustainabilityUnilever #Regulation
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Update from UK Competition and Markets Authority who, as a matter of administrative priority, have decided to close its recent #environmental #claims investigation. The CMA's decision cites that a range of factors had been taken into account, including changes made to claims on some products and the wider impact of their programme of work on tackling misleading green claims. Additionally the regulator highlighted: ✅ its Green Claims Code ✅ the successful enforcement action to-date ✅ how the Code has helped businesses understand how they can promote their green credentials whilst staying on the right side of the law. The CMA noted positive changes to the claims made including in the FMCG sector, and did not take a view on this case's compliance with consumer law. Nevertheless, it was reiterated that businesses should ensure they comply with the law and read the Green Claims Code. The original source is found here 👇🏻
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This week we spotlight three of our most popular legal insights. Topics include private credit, how food and beverage companies can best protect their IP, and the Ecodesign Regulation. For the latest legal insights, visit https://bit.ly/3Lwjk5e Did you find this helpful? • 📣 Reshare to your network & follow Mason Hayes & Curran LLP • 🔔 Ring the bell for daily insights • 🕐 Short on time? Bookmark this post to read it later #MHCLaw #LegalUpdate #IP #PrivateCredit #Ecodesign
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This week we spotlight three of our most popular legal insights. Topics include private credit, how food and beverage companies can best protect their IP, and the Ecodesign Regulation. For the latest legal insights, visit https://bit.ly/3Lwjk5e Did you find this helpful? • 📣 Reshare to your network & follow Mason Hayes & Curran LLP • 🔔 Ring the bell for daily insights • 🕐 Short on time? Bookmark this post to read it later #MHCLaw #LegalUpdate #IP #PrivateCredit #Ecodesign
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Check out this article in happi from Raqiyyah Pippins, co-leader of Arnold & Porter's Consumer Products & Retail Industry Team, and Kelsie Sicinski, to learn more about how regulatory bodies like the FTC and EPA are intensifying scrutiny on green claims. #environment #marketing #law
The Green Guides: Staying Clean While Going Green in Household & Personal Care
happi.com
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In our latest Green claims update, Oliver Bray, Ciara Cullen, Sophie Tuson and Hettie Homewood provide the latest legal and regulatory developments you need to know including: 🌱 CMA publishes green claims guidance for the fashion retail sector ✈️ ASA rules against misleading Virgin Atlantic ad ♻️ ASA publishes dedicated green claims hub 🌿 CMA sheds light on enforcement approach under the DMCC 🔎 Worcester Bosch to improve ad practices after CMA investigation 🚀 Sector-specific updates across food & drink, transport and finance. #GreenClaims #ESG #RegulatoryRPC #Regulatory #RetailAndConsumer #ASA #CMA #Consumers #Advertising
Green claims update: September 2024
rpclegal.com
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With the DMCC around the corner, the CMA's recent acceptance of undertakings from Boohoo, Asda and ASOS in respect of misleading environmental claims and the open letter that accompanied acts as an important reminder that all businesses should review their consumer law compliance before the CMA's fining powers arrive. Read our latest article for more insights on this matter. #ConsumerProtection #EnvironmentalClaims #DMCCAct #LegalUpdate https://lnkd.in/eYJnu7Xx
Misleading Consumer Claims: The CMA puts down a marker ahead of the DMCC Act's implementation
addleshawgoddard.com
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'Sustainability and Competition Law: The Limits of Sustainability Regulation in Consumer Law' by Felix Pflücke of Faculty of Law, University of Oxford and University of Luxembourg - https://lnkd.in/dHa7nCEn - #Sustainability #Competition #Antitrust #ConsumerProtection #ConsumerLaw #EU #OBLB
Sustainability and Competition Law: The Limits of Sustainability Regulation in Consumer Law
blogs.law.ox.ac.uk
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Very helpful insights in this article by Rona Bar-Isaac and Anna Davies on the CMA's open letter to the fashion retail sector on environmental claims. #ConsumerProtection #EnvironmentalClaims #DMCCAct #LegalUpdate #AddleshawGoddard
With the DMCC around the corner, the CMA's recent acceptance of undertakings from Boohoo, Asda and ASOS in respect of misleading environmental claims and the open letter that accompanied acts as an important reminder that all businesses should review their consumer law compliance before the CMA's fining powers arrive. Read our latest article for more insights on this matter. #ConsumerProtection #EnvironmentalClaims #DMCCAct #LegalUpdate https://lnkd.in/eYJnu7Xx
Misleading Consumer Claims: The CMA puts down a marker ahead of the DMCC Act's implementation
addleshawgoddard.com
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Ahead of the CMA's expanded consumer law enforcement powers which we expect to come into force next Autumn, a standard has been set in relation to companies making environmental claims about their products and services, with the CMA's acceptance of undertakings from several fashion retailers. You can read key takeaways from AG's Anna Davies and Rona Bar-Isaac via the link below. #DMCCBill #DMCCAct #consumerlaw #consumerprotection #environmentalclaims #AddleshawGoddard
With the DMCC around the corner, the CMA's recent acceptance of undertakings from Boohoo, Asda and ASOS in respect of misleading environmental claims and the open letter that accompanied acts as an important reminder that all businesses should review their consumer law compliance before the CMA's fining powers arrive. Read our latest article for more insights on this matter. #ConsumerProtection #EnvironmentalClaims #DMCCAct #LegalUpdate https://lnkd.in/eYJnu7Xx
Misleading Consumer Claims: The CMA puts down a marker ahead of the DMCC Act's implementation
addleshawgoddard.com
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🧐 Do State bans on PFAS in products violate the Commerce Clause of the US Constitution? The Minnesota District Court has the opportunity to address this question in the context of the State’s January 1, 2025, ban on PFAS in cookware 🍳 On January 6, 2025, the Cookware Sustainability Alliance (a California industry organization) filed a complaint in the Minnesota District Court against the Commissioner of the Minnesota Pollution Control Agency (MPCA). The lawsuit challenges Amara’s Law (Minn. Stat. § 116.943), alleging that it violates the Commerce Clause of the U.S. Constitution. Minnesota’s statute is likely the strictest PFAS law in effect worldwide, instituting the broadest bans and reporting requirements on PFAS in products. As of January 1, 2025, the ban on the use of intentionally-added PFAS in cookware became effective (along with 10 other product categories, such as cosmetics, cleaning products, or upholstered furniture). Challenges to state PFAS bans under the Commerce Clause were foreseeable and expected. It will be interesting to follow the developments in this lawsuit. It has potential to set an important precedent, either to encourage or discourage similar lawsuits. Bans on intentionally added PFAS in certain product categories are already in effect in several states, besides Minnesota (such as New York or California) and others (such as Maine) will become effective in the near future. In the complaint, the industry organization reasons that Minnesota’s PFAS statute violates the Commerce Clause of the U.S. Constitution because it discriminates against out-of-state commerce and imposes a substantial burden on interstate commerce that clearly exceeds its putative benefits. The Plaintiff alleges that the statute results in a discriminatory effect on out-of-state interests because it is prohibiting the sale of cookware products made only by out-of-state producers but imposing no burden on the sole cookware manufacturer based in Minnesota (because the sole Minnesota cookware manufacturer does not have intentionally added PFAS in its products and is therefore unaffected by the ban). Cookware Sustainability Alliance is also including a challenge under the First Amendment. It claims that the statute’s reporting obligations (currently set to begin as of January 1, 2026) compel the members’ speech and are preempted by federal law. ✅ Disclaimer: The views and opinions expressed in this post are my own and do not necessarily represent the views and opinions of Wiley Rein LLP.
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