Provenance’s Post

Who is responsible for #greenclaims: the brand or the retailer? Spoiler: it's both. Here's what I tell my clients on either sides of this ⬇️ Brands 👜 👠 💄 Brands are the ground zero for developing reliable and substantiated green claims. If your product development, procurement, and marketing teams aren't talking to each other, you've got a problem. ▶️ Remember: How a retailer markets your products (think: "Clean" or "Green" retail selections) directly reflects back on how the consumer perceives your brand. If a retailer is making broad or unsubstantiated claims on your behalf, even indirectly, it could end up pushing back on you. Retailers 🛒 🛍️ What is your process for requiring and assessing green claims from the brands you carry? What about your own in-house product lines? Do you have clear standards that brands can integrate into their product development processes? ▶️ Remember: It is not enough to represent the attributes of your brands' environmental performance without validating those claims, especially when they are part of a retail edit or selection. Once you makes representations on the brands' behalf, those claims are your problem too. Interested in learning more about how I work with brands and retailers on #greenwashing, #sustainability, and #innovation? Reach out or learn more at https://lnkd.in/ebTUdFS6.

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 

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

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

The Competition and Markets Authority (CMA) has published its a new compliance document to help explain how fashion retail businesses can follow the Green Claims Code (‘the Code’) when making environmental claims.  This follows on from a decision earlier this year from the CMA in respect of "green" claims made by Asos, Boohoo and Asda. The decision indicates that the CMA are likely to take a tough stance in future investigations. Each company has been required to provide a series of undertakings to remove misleading claims and to put processes in place to ensure that such breaches do not arise again. The CMA's enforcement powers, have been substantially strengthened by the Digital Markets Competition and Consumers Act 2024 which is due to be brought into law in phases, with the relevant powers likely to come into force in May 2025.  The new enforcement powers allow the CMA to levy fines of up to £300,000 or 10% of global turnover whichever is greater. The CMA have a number of active investigations in respect of "greenwashing" and it is likely see further decisions in the near future. Businesses should review their supply chains and contracts to ensure that they can verify any green claims. #consumerlaw #environmentallaw #greenwashing #competitionlaw #cma #fastfashion

The Bev Alc industry is evolving, and 2024 is set to bring significant regulatory updates. From the rise of ready-to-drink (RTD) cocktails to changes in e-commerce, here’s what you need to know: Federal Trade Practices: The Alcohol and Tobacco Tax and Trade Bureau (TTB) is expected to update its trade practice guidance following a 2021 executive order. This could mean stricter enforcement and new laws to promote fair competition. RTD Legislation: States like Arizona, Washington, and California are battling over tax rates and access for spirit-based RTDs. Advocates are pushing for equal treatment of RTDs regardless of their alcohol base, which could reshape retail landscapes. Direct-to-Consumer Shipping: Legal challenges and changes are in play. Some states, like California, are expanding shipping privileges for craft distillers, but the rules around advertising and e-commerce remain unclear. Special thanks to Alison Herman, our Of Counsel, for her contribution to this article. Stay tuned as these developments unfold, potentially transforming the Bev Alc industry landscape! #LiquorLawyer #Entrepreneurship #LegalServices #Law #DrinksIndustry #Regulations #AlcoholCompliance #WineIndustryAdvisor #AlcoholIndustryAdvisor #BeverageIndustry #SpiritsIndustry #AlcoholIndustry #BevAlc #Regulations2024 #RTDCocktails #Ecommerce #AlcoholIndustry #LegislativeUpdates

The ACCC is suing Coles and Woolworths primarily for alleged misleading conduct and anti-competitive practices. The claims focus on the grocery giants’ pricing strategies, including misleading promotions and the potential harm to smaller competitors. The ACCC argues that these practices could unfairly affect consumers and competition in the grocery sector. The aim is to ensure fair trading and protect both consumers and smaller retailers from potentially harmful practices in breach of the provisions of the Australian Consumer Law (“ACL”).

Québec Court Gives Nod To Consumer Class Action Against Retailers Over Claims that Shopping Bags are Recyclable   A judge of the Superior Court of Québec has authorized a class action against several retailers, including Lowe’s, Costco, Giant Tiger and the provincial liquor monopoly, over claims that the recyclable bags that they sell are not really recyclable. The bags are made with a plastic that is theoretically recyclable but, in fact, the sorting centers in the Province of Québec do not accept them. The plaintiff, Sonia Cohen, submitted that the claim that the bags were recyclable constituted a false or misleading representation and was inconsistent with the provincial Consumer Protection Act, the federal Competition Act and the Civil Code of Québec. Click here to read the judgment:  https://bitly.cx/2QuX Click here to read the last version of the application to authorize the bringing of a class action: https://bitly.cx/JgyQ1 #Canada #Québec #ClassActions #ClassAction #écoblanchiment #greenwashing

Everyone will have an interesting legal take on the Lidl v Tesco case. There’s some interesting stuff in there about bad faith where a brand owner cultivates trade mark registrations just for the purposes of litigation. It’ll be interesting to see if that changes the approach of some brand owners to flood the register with lots of overlapping trade marks.

Our insightful briefing on parallel trade in the EU is coming soon. Next week, we will discuss the European Commission's actions against cross-border trade restrictions, focusing on permissible strategies. 🍫 Join us to discover what this means for the Agri-Food sector, the broader FMCG sector, and beyond. ⏰ Wednesday, 3 July, 10.00 - 10.30 am CET 🗓️ RSVP now and don't miss out on some key strategies for navigating the EU market! #competition #competitionlaw #distribution #ecommerce #marketing