Fashion retailers issued warning on potential greenwashing

In the letter (9-page /329 KB), the International Consumer Protection and Enforcement Network (ICPEN) sets out a number of principles for retailers when making environmental claims to raise standards and compliance across the fashion industry and ensure consumers are able to make informed choices about their purchases.

Firstly, the letter urges retailers to avoid using vague and general claims such as describing items of clothing as “conscious”, “green” or “sustainable”. It also cautions traders against overstating the significance of environmental measures they have taken and asks them to ensure that any improvements made are marketed in a “proportionate” way and not given “undue emphasis in” marketing.

In one example, it states that while reducing the amount of water used in making jeans can be considered a positive improvement, in reality this reduction should not be overemphasised, since it could constitute only “a small fraction of the overall emissions and negative environmental impact of the production of the jeans”.

The letter also calls on retailers to avoid making claims based on data that is not sufficiently specific to the product, such as claiming that an item of clothing automatically has a lower environmental impact because it is made of organic cotton instead of conventional cotton. ICPEN warns against using self-made labelling schemes and misuse of third-party certifications, adding that labels “should give an accurate impression of the environmental performance of the product.”

Retailers should also be specific when using “sustainability” filters in online stores and should focus their marketing on specific measures already being taken, rather than making unsubstantiated claims about future aspirations.

There have been concerns over potential greenwashing in advertising campaigns across the fashion industry for some time. Scrutiny has fallen particularly on the fashion retail sector, which, as the letter indicates, is currently responsible for an estimated 8% of global greenhouse gas emissions and 20% of global wastewater. In Ireland, the CCPC, together with the Advertising Standards Authority, is responsible for policing greenwashing claims with the former having a variety of enforcement mechanisms at its disposal, from compliance notices to criminal prosecution, to enforce compliance.

In 2024 the UK’s Competition and Markets Authority issued a compliance guide and advised 17 high-profile brands to review their green claims. In 2023 research by Greenpeace found that 39% of sustainability claims in the textile, garment and shoe sector could be false or deceptive.

ICPEN is a network of more than 70 consumer protection law enforcement authorities worldwide. Ireland’s consumer rights watchdog, the Competition and Consumer Protection Commission (CCPC); the Australian Competition & Consumer Commission; and the Spanish Directorate General for Consumer Affairs, were among the 20 global organisations that endorsed the letter.

In a statement accompanying the letter on ICPEN’s website, the organisation said that it “does not necessarily indicate that any individual ICPEN member will prioritise enforcement action on misleading environmental claims, and some member jurisdictions may have stricter or more specific rules in place.”

Jane Bourke and Isabel Humburg, who specialise in advertising clearance at Pinsent Masons, said the letter should serve as a wake-up call for retailers. “The risk of enforcement action or reputational damage from greenwashing is now very real. This letter from ICPEN reinforces the growing regulatory expectation that environmental claims in advertising – and particularly in the fashion sector – must be clear, specific, and substantiated. Vague descriptors like ‘sustainable’ or ‘green’ are no longer acceptable without robust evidence. Retailers must ensure that any environmental messaging is proportionate to the actual impact of the measures taken and avoid overstating benefits.”

Bourke and Humburg urged marketers to work closely with legal teams from the outset to develop external messaging that would “verify claims, avoid misleading generalisations, and ensure that any certifications or labels used are credible and accurately reflect the product’s environmental performance.”