The UK's FCA's anti-greenwashing rules apply from May this year. Like the FCA's financial promotions regime, they take a rules-based approach and focus on whether a communication is clear, fair and not misleading.
Both regimes have to be operated in conjunction with the Consumer Duty, which takes a contrasting approach: outcomes-based and focusing not on the wording of the communication but whether it operates to support retail customer understanding and good customer decision-making - as well as avoiding foreseeable harm.
The interplay between these rules and the Consumer Duty is complex and still being worked through. The Consumer Duty is almost certain to feature in any interventions or enforcement in the sustainability space in future, so it's important to prepare now.
On 13 March we held a webinar ‘The Consumer Duty: greenwashing and promotions’. During this session, we:
- Compared and contrasted the anti-greenwashing rules, the financial promotions rules and the Consumer Duty.
- Explored where these rules interact and where they diverge.
- Identified issues that may commonly arise where the Consumer Duty applies in a sustainability context.
- Suggested strategies you might use to prepare yourself and mitigate emerging risks here.
Click here to access the recording.