Competition Markets Authority
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CMA concludes review of environmental claims made by Unilever?
6 November 2024: The CMA has decided to close this investigation. In making this decision, a range of factors have been taken into account, including changes Unilever has made to claims on some of its products and the wider impact of our programme of work on tackling misleading green claims.
The CMAs 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 CMAs work, the CMA has decided as a matter of administrative priority to close this investigation. The CMA has not taken a view on Unilevers compliance with consumer law. Businesses should ensure they comply with the law and read the Green Claims Code.
Investigation launch: Unilever UK Limited
12 December 2023: The CMA will now engage with Unilever UK Limited and gather evidence to consider whether the CMA thinks the business has broken consumer protection law. The CMA is at the initial stage of its investigation. Accordingly, it should not be assumed that any business under investigation has broken consumer protection law.
Press release: Unilevers green claims come under CMA microscope (12.12.23)
Compliance review
26 January 2023: The CMA has commenced a review of environmental claims in the fast moving consumer goods sector.
The review will examine a wide range of products which are essential items used by people on a daily basis and repurchased regularly, such as food and drink, cleaning products, toiletries, and personal care items. In 2021, the average household spent almost 70 a week on food and drink alone, and the FMCG sector as a whole is worth over 134 billion annually.
The CMA will analyse environmental claims made about such products both online and in store to consider whether companies are complying with UK consumer protection law. Problematic claims include the use of vague and broad eco-statements, for example packaging or marketing a product as sustainable or better for the environment with no evidence; misleading claims about the use of recycled or natural materials in a product and how recyclable it is; and entire ranges being incorrectly branded as sustainable.The CMA will also continue its wider review of potentially misleading green claims in other sectors to consider whether to open further investigations.
At this early stage, the CMA has not reached a view as to whether there have been any breaches of consumer protection law in the FMCG sector. If the CMA uncovers evidence suggesting green claims could be unfounded, it will consider taking enforcement action using its formal powers.
Contact
If you are concerned about potentially misleading green claims being made by any FMCG business, please contact us at: misleadinggreenclaims@cma.gov.uk.