Fuelled by the global spread of ESG and climate-related
disclosure obligations and coupled with pressures from increasingly
ESG-driven stakeholders, businesses are saying more than ever about
their environmental and social performance. These statements might
be product-specific, relate to investment strategy or corporate
governance. Such statements might be seen as good marketing,
positive for a company's reputation and may well reflect a
laudable transparency or ambition. But what are the potential legal
consequences if these statements are attacked as inaccurate,
unsubstantiated, misleading or false (ie,
"greenwashing")? In this article, we explore the
increasing risks for a business in making environmental or social
claims, focusing on the UK, Australia and the US.
