GovWire

The Competition and Markets Authority (CMA) will be scrutinising environmental claims made by the consumer goods group Unilever, which is known for brands including Cif, Dove, Comfort, and Lynx. The move comes as part of the CMAs wider investigation into greenwashing and follows concerns around how Unilever is marketing certain products, within some brands, to customers as environmentally friendly.

In January this year, the CMA expanded its work on environmental claims to include fast-moving consumer goods (FMCG). These are essential items that people use on a daily basis and are repurchased regularly, such as food and drink, cleaning products, toiletries, and personal care items. Last year, shoppers paid out more than 140 billion in total on FMCG products.

The CMAs initial review uncovered a range of concerning practices, and, as part of that work, the CMA has today launched a formal investigation into Unilever. Regarding certain products, the CMAs concerns include whether:

• certain statements and language used by Unilever appear vague and broad, and may mislead shoppers regarding the environmental impact of those products.
• claims about some ingredients are presented in a way that may exaggerate how natural the product is, and so may create an inaccurate or misleading impression.
• claims focusing on a single aspect of a product may suggest it is environmentally friendly as a whole.
• certain green claims particularly in relation to recyclability may be unclear, as they fail to specify whether they relate to all or part of a product, or packaging.
• Unilevers use of colours and imagery such as green leaves may create the overall impression that some products are more environmentally friendly than they actually are.

Sarah Cardell, Chief Executive of the CMA, said:

Essentials like detergent, kitchen spray, and toiletries are the kinds of items you put in your supermarket basket every time you shop. More and more people are trying to do their bit to help protect the environment, but were worried many are being misled by so-called green products that arent what they seem.

So far, the evidence weve seen has raised concerns about how Unilever presents certain products as environmentally friendly. Well be drilling down into these claims to see if they measure up. If we find theyre greenwashing, well take action to make sure shoppers are protected.

The CMA has contacted Unilever and will set out its concerns in writing later today. Following this, the CMA will use its information-gathering powers to obtain further evidence to progress its investigation. How the case unfolds will depend on what the evidence shows. Possible outcomes include securing undertakings from Unilever that commit the firm to change the way it operates; taking the company to court; or closing the case without further action.

The CMA has seen some positive changes in the FMCG sector since announcing its compliance review, including amendments to and removal of some green claims made by a number of suppliers. However, its review identified a range of concerns and, while the CMA has not opened official investigations into other companies at this point, its work is ongoing and new investigations may follow.

More information can be found on the CMAs Fast Moving Consumer Goods investigation page.

Notes to editors

1. The key piece of consumer protection legislation relevant to the CMAs Green Claims Code, and to todays announcement, is the Consumer Protection from Unfair Trading Regulations 2008 (CPRs). The CPRs contain a general prohibition against unfair commercial practices and specific prohibitions against misleading actions and misleading omissions.2. The CMA is at the initial stage of its investigation. Accordingly, it should not be assumed that the business under investigation has broken consumer protection law.3. Fast-moving consumer goods (FMCG) are high-demand, essential products used by people on a daily basis. They are often sold quickly and repurchased regularly. They include items such as food (perishable and non-perishable) and drink (alcoholic and non-alcoholic), cleaning products (washing up liquid, dishwasher detergent/tablets, surface cleaners, toilet cleaner, laundry detergent, fabric conditioner, etc), homecare products (toilet roll, kitchen roll, handwash, etc), self-care products (toothpaste, shampoo and conditioner, soap/bodywash etc), amongst other items.4. The following statistic is a CMA calculation: shoppers spent over 140 billion last year on household essentials, including food and drink, cleaning products, and personal care.5. The CMA published its Green Claims Code in September 2021. The code aims to help businesses understand how to communicate their green credentials, while avoiding the risk of misleading shoppers. Examples and case studies can be found in the guidance, here.6. In January 2022, the CMA launched a compliance review of environmental claims in the fashion retail sector, where an estimated 54 billion is spent by consumers annually. Following this, it opened an investigation into environmental claims made by ASOS, Boohoo and George at Asda.7. Media enquiries should be directed to press@cma.gov.uk or 020 3738 6460.8. All enquiries from the general public should be directed to the CMAs General Enquiries team on general.enquiries@cma

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