CCPA solicits public comments/suggestions on Guidelines within 30 days till 21th March, 2024

New Delhi:20/2/24: The Central Consumer Protection Authority has sought public comments on the Draft Guidelines for Prevention and Regulation of Greenwashing. Draft Guidelines are placed on the website of the Department of Consumer Affairs and are accessible through the link

https://consumeraffairs.nic.in/sites/default/files/fileuploads/latestnews/Draft%20Guidline%20with%20approval.pdf

Public comments/suggestions/feedback are solicited and may be provided to the Central Authority within 30 days (until 21^th March 2024).

The Department of Consumer Affairs (DoCA) constituted a committee of stakeholders for consultation on “Greenwashing” vide OM dated 2^nd November, 2023. The committee had representation of NLUs, law firms, Government and Voluntary Consumer Organizations (VCO’s), and all the major industry associations.

Three meetings of the committee were held to finalize the Draft Guidelines for Prevention and Regulation of Greenwashing.  The last meeting was held on 10^th January 2024 wherein draft of proposed guidelines was discussed with the committee members. The draft Guidelines for Prevention and Regulation of Greenwashing have been framed after detailed deliberations with all committee members and  now being put up for public consultation. Proposed Guidelines shall be issued under section 18 (2) (l) of the Consumer Protection Act 2019.

The draft guidelines define Greenwashing as “any deceptive or misleading practice, which includes concealing, omitting, or hiding relevant information, by exaggerating, making vague, false, or unsubstantiated environmental claims and use of misleading words, symbols, or imagery, placing emphasis on positive environmental aspects while downplaying or concealing harmful attributes”.

Guidelines will apply to all advertisements and Service providers, product sellers, advertisers, advertising agencies, or endorsers whose service is availed for the advertisement of such goods or services. Guideline also provides the provision that vague terms such as ‘green’, ‘eco-friendly’, ‘eco-consciousness’, ‘good for the planet’, ‘cruelty-free’, and similar assertions to be used only with adequate disclosures.

The Guidelines prescribe various disclosures that would be required to be made by the company making green claims. The various disclosures are:-

a. Ensure all environmental claims in ads or communications are fully disclosed, either directly or through technology like QR codes or web links.

b. Avoid selectively presenting data to favorably highlight environmental claims while hiding unfavorable aspects.

c. Clearly define the scope of environmental claims, specifying whether they relate to products, manufacturing processes, packaging, product usage, disposal, services, or service provision processes.

d. All environmental claims shall be backed by verifiable evidence.

e. Comparative environmental claims that compare one product or service to another must be based on verifiable and relevant data.

f. Substantiate specific environmental claims with credible certification, reliable scientific evidence, and independent third-party verification for authenticity.

The guidelines also provide that aspirational or futuristic environmental claims may be made only when clear and actionable plans have been developed detailing how those objectives will be achieved.

For more information on the new guidelines, visit the link: https://consumeraffairs.nic.in/sites/default/files/fileuploads/latestnews/Draft%20Guidline%20with%20approval.pdf