ARTICLE · 11 NOVEMBER 2022

Green Credentials: Walking An Advertising Tightrope

Herbert Smith Freehills Kramer LLP

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In October 2022, the Advertising Standards Authority (the ASA) ruled for the first time that a bank had misrepresented its green credentials and engaged in so-called "greenwashing".

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Andrew Lidbetter

In October 2022, the Advertising Standards Authority (the ASA) ruled for the first time that a bank had misrepresented its green credentials and engaged in so-called "greenwashing". In this blog post, we consider how banks and financial services institutions can fall within the remit of the ASA's advertising codes and the potential risks associated with making "environmental" claims.

The ASA's role

In the UK, the UK Code of Non-broadcast Advertising and Direct & Promotional Marketing (the CAP Code) is the rule book for non-broadcast marketing adverts (i.e. marketing communications other than TV or radio adverts). The CAP Code applies to all adverts aimed at "consumers", anyone who is likely to see a given marketing communication (whether in the course of business or not). The central principle for all marketing communications under the CAP Code "is that they should be legal, decent, honest and truthful" (Rule 1.1).

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